Scope Data Systems Pty Ltd v David Goman as Representative of the Partnership BDO Nelson Parkhill [2007] NSWSC 278

Scope Data Systems Pty Ltd v David Goman as Representative of the Partnership BDO Nelson Parkhill [2007] NSWSC 278

Service of the statutory demand was not effected until it was taken to the plaintiff's registered office after collection from the post office box. The application to set aside was filed and served within the prescribed time, and the plaintiff had a genuine offsetting claim for costs in the sum of $13,766.40. Accordingly, the statutory demand was varied to reflect the admitted total less the offsetting claim.

Parties
Plaintiff: Scope Data Systems Pty Ltd; Defendant: David Goman as Representative of the Partnership BDO Nelson Parkhill
Jurisdiction
Australia
Judgment Date
18 April 2007
Procedural Posture
Application to Set Aside Statutory Demand Under Corporations Act / Judgment
Outcome
Statutory demand varied; application to set aside demand filed and served within time; period for compliance extended.
Legal Topics
Statutory Demand, Service of Documents, Offsetting Claim, Presumption of Service by Post, Genuine Claim, Costs Assessment
Corporations Law Civil Procedure Evidence Statutory Demand Service of Documents Offsetting Claim Presumption of Service by Post Genuine Claim +1 more

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 5 Authorities cited 26 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Scope Data Systems Pty Ltd

Plaintiff

David Goman as Representative of the Partnership BDO Nelson Parkhill

Defendant

Procedural Posture

Application to Set Aside Statutory Demand Under Corporations Act / Judgment

Legal Issues

  1. 1 Whether the originating process and supporting affidavit were filed and served within 21 days of service of statutory demand
  2. 2 Whether service was effected at the registered office after diversion to a post office box
  3. 3 Whether presumption of delivery in the ordinary course of post can be rebutted if mail is diverted

Ratio Decidendi

Service of the statutory demand was not effected until it was taken to the plaintiff's registered office after collection from the post office box. The application to set aside was filed and served within the prescribed time, and the plaintiff had a genuine offsetting claim for costs in the sum of $13,766.40. Accordingly, the statutory demand was varied to reflect the admitted total less the offsetting claim.

Court Disposition

Statutory demand varied; application to set aside demand filed and served within time; period for compliance extended.

Orders

  • Order that statutory demand dated 25 September 2006 be varied by substituting for the sum of $24,895.73 the amount of $8,159.68.
  • Order that the demand have effect as so varied from 3 October 2006.