Inter Mining Pty Ltd v Lake Johnston Pty Ltd, in the matter of Lake Johnston Pty Ltd [2013] FCA 915

Inter Mining Pty Ltd v Lake Johnston Pty Ltd, in the matter of Lake Johnston Pty Ltd [2013] FCA 915

The omission of the boxed warning on the statutory demand was a defect but did not render the demand a nullity. As no substantial injustice resulted from the omission, the application for summary dismissal could not succeed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 September 2013
Procedural Posture
Corporations (winding Up Application) / Interlocutory Application for Summary Dismissal
Outcome
Application dismissed
Legal Topics
['statutory Demand' 'form 509 H Compliance' 'winding Up in Insolvency' 'defect in Statutory Demand' 'summary Dismissal']
['corporations Law'] ['statutory Demand' 'form 509 H Compliance' 'winding Up in Insolvency' 'defect in Statutory Demand' 'summary Dismissal']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Corporations (winding Up Application) / Interlocutory Application for Summary Dismissal

Legal Issues

  1. 1 ['Whether omission of the boxed warning in a statutory demand (Form 509H) renders it invalid or a nullity.' 'Whether omission amounts to a defect or something more fundamental.' 'Whether the application should be summarily dismissed in light of any defect.']

Ratio Decidendi

The omission of the boxed warning on the statutory demand was a defect but did not render the demand a nullity. As no substantial injustice resulted from the omission, the application for summary dismissal could not succeed.

Court Disposition

Application dismissed

Orders

  • ["The defendant's interlocutory application dated 23 July 2013 is dismissed." "The defendant is to pay the plaintiff's costs of and incidental to the application in any event, to be taxed if not agreed."]