In the matter of Shaolin Temple Foundation (Australia) Ltd [2016] NSWSC 804

In the matter of Shaolin Temple Foundation (Australia) Ltd [2016] NSWSC 804

The Court found as a matter of fact, based on credible evidence from Ms Xu and Mr Wang, that the statutory demand was served on 18 January 2016; therefore, the application to set aside was made within time and the Court has jurisdiction to determine it.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 June 2016
Procedural Posture
Application to Set Aside Creditor's Statutory Demand / Determination of Preliminary Jurisdictional Question
Outcome
Court determines it has jurisdiction to consider the application; the application to set aside was served within the statutory period; question of costs reserved.
Legal Topics
["creditor's Statutory Demand" 'service of Documents' 'jurisdiction']
['corporations Law' 'equity' 'procedure'] ["creditor's Statutory Demand" 'service of Documents' 'jurisdiction']

Source-derived case record

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Procedural Posture

Application to Set Aside Creditor's Statutory Demand / Determination of Preliminary Jurisdictional Question

Legal Issues

  1. 1 ["Whether the application to set aside the creditor's statutory demand was served within the statutory 21 day period" 'Whether the Court has jurisdiction to determine the application to set aside the demand']

Ratio Decidendi

The Court found as a matter of fact, based on credible evidence from Ms Xu and Mr Wang, that the statutory demand was served on 18 January 2016; therefore, the application to set aside was made within time and the Court has jurisdiction to determine it.

Court Disposition

Court determines it has jurisdiction to consider the application; the application to set aside was served within the statutory period; question of costs reserved.

Orders

  • ["Court has jurisdiction to determine the application to set aside the creditor's statutory demand." 'Matter referred to Corporations List for further directions.' 'Question of costs reserved.']