Quayside Finance Group Pty Ltd v Stokko Pty Ltd [1996] FCA 878

Quayside Finance Group Pty Ltd v Stokko Pty Ltd [1996] FCA 878

The statutory demand regime provided a special mode of service at the creditor's solicitor's address where solicitors were acting for the creditor, and the Federal Court Rules' deemed timing provision for facsimile service did not make service effective only on 12 June 1996; however, the Court identified a further unresolved difficulty concerning the requirement that originating process be served as a sealed copy, and adjourned further consideration for additional submissions.

Jurisdiction
Australia
Judgment Date
08 October 1996
Procedural Posture
Proceeding Under Division 3 of Part 5.4 of the Corporations Law for an Order Setting Aside a Statutory Demand / Trial of Questions; Further Consideration Adjourned to a Date to Be Fixed
Outcome
Further consideration of the separately heard questions was adjourned to a date to be fixed.
Legal Topics
['statutory Demand' 'application to Set Aside Statutory Demand' 'service of Originating Process' 'service by Facsimile Transmission' 'time Limit Under S.459 G of the Corporations Law']
['corporations Law' 'civil Procedure'] ['statutory Demand' 'application to Set Aside Statutory Demand' 'service of Originating Process' 'service by Facsimile Transmission' 'time Limit Under S.459 G of the Corporations Law']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Proceeding Under Division 3 of Part 5.4 of the Corporations Law for an Order Setting Aside a Statutory Demand / Trial of Questions; Further Consideration Adjourned to a Date to Be Fixed

Legal Issues

  1. 1 ['Whether copies of the originating application and supporting affidavit were served on the respondent within the 21-day period required by s.459G(3)(b) of the Corporations Law.' "Whether facsimile transmission to the creditor's solicitor at the address specified in the statutory demand could constitute service for the purposes of s.459G(3)(b)." 'Whether the Federal Court Rules requiring personal service of originating process prevented effective service by facsimile transmission.' "Whether the respondent's unconditional appearance and conduct raised issues of waiver or submission to jurisdiction."]

Ratio Decidendi

The statutory demand regime provided a special mode of service at the creditor's solicitor's address where solicitors were acting for the creditor, and the Federal Court Rules' deemed timing provision for facsimile service did not make service effective only on 12 June 1996; however, the Court identified a further unresolved difficulty concerning the requirement that originating process be served as a sealed copy, and adjourned further consideration for additional submissions.

Court Disposition

Further consideration of the separately heard questions was adjourned to a date to be fixed.

Orders

  • ['Counsel were invited to make further submissions concerning the requirement of service of a sealed copy.' 'Counsel were to be heard as to whether the questions of waiver should be the subject of further submissions.' 'Further consideration of the questions being separately heard was adjourned to a date to be fixed.']