In the matter of Lanart Homes Pty Ltd [2024] NSWSC 1684

In the matter of Lanart Homes Pty Ltd [2024] NSWSC 1684

The application was dismissed because the Plaintiffs failed to establish, by evidence, that the creditor's statutory demand was properly served by post, as there was no proof the necessary postage was affixed to the envelope; thus, the presumption of insolvency did not arise.

Parties
First Plaintiff: Yulia Kalistratova; Second Plaintiff: Nikolay Kalistratov; Defendant: Lanart Homes Pty Ltd
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Corporations – Winding Up Application / Final Determination
Outcome
Winding up application dismissed with costs.
Legal Topics
Service of Statutory Demand, Presumption of Insolvency, Winding Up Proceedings, Proof of Postal Service
Corporations Law Service of Statutory Demand Presumption of Insolvency Winding Up Proceedings Proof of Postal Service

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Parties

Yulia Kalistratova

First Plaintiff

Nikolay Kalistratov

Second Plaintiff

Lanart Homes Pty Ltd

Defendant

Procedural Posture

Corporations – Winding Up Application / Final Determination

Legal Issues

  1. 1 Whether the creditor's statutory demand was properly served by post under the Corporations Act 2001 (Cth) and Acts Interpretation Act 1901 (Cth)
  2. 2 Whether presumption of insolvency arises due to non-compliance with statutory demand

Ratio Decidendi

The application was dismissed because the Plaintiffs failed to establish, by evidence, that the creditor's statutory demand was properly served by post, as there was no proof the necessary postage was affixed to the envelope; thus, the presumption of insolvency did not arise.

Court Disposition

Winding up application dismissed with costs.

Orders

  • The winding-up application brought by the Plaintiffs be dismissed with costs.