In the matter of Carbon and Energy Reductions Pty Ltd [2014] NSWSC 923

In the matter of Carbon and Energy Reductions Pty Ltd [2014] NSWSC 923

The statutory demand was not validly served under s 109X(1)(a) of the Corporations Act 2001 (Cth) because it was left in a mailbox near the entrance of the property and not at the registered office, being Unit 14, 248 Pacific Highway, Greenwich NSW. There was inadequate evidence linking the mailbox to Unit 14, and as such, valid service was not established.

Jurisdiction
Australia
Judgment Date
11 July 2014
Procedural Posture
Interlocutory Application / Hearing and Determination of Application to Set Aside Statutory Demand
Outcome
Statutory demand set aside
Legal Topics
['service of Statutory Demand' 'validity of Service' 'registered Office Requirements']
['corporations Law'] ['service of Statutory Demand' 'validity of Service' 'registered Office Requirements']

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Procedural Posture

Interlocutory Application / Hearing and Determination of Application to Set Aside Statutory Demand

Legal Issues

  1. 1 ['Whether leaving a statutory demand in an external mailbox near the entrance to a residential apartment building constitutes valid service under s 109X(1)(a) of the Corporations Act 2001 (Cth)']

Ratio Decidendi

The statutory demand was not validly served under s 109X(1)(a) of the Corporations Act 2001 (Cth) because it was left in a mailbox near the entrance of the property and not at the registered office, being Unit 14, 248 Pacific Highway, Greenwich NSW. There was inadequate evidence linking the mailbox to Unit 14, and as such, valid service was not established.

Court Disposition

Statutory demand set aside

Orders

  • ['Statutory demand is set aside.']