Shire Lind Developments (NSW) Pty Ltd v Lords Property Group Pty Ltd, in the matter of Shire Lind Developments (NSW) Pty Ltd [2020] FCA 360

Shire Lind Developments (NSW) Pty Ltd v Lords Property Group Pty Ltd, in the matter of Shire Lind Developments (NSW) Pty Ltd [2020] FCA 360

The statutory demand was delivered to and received at the registered office (Suite 2) on 8 January 2020, as evidenced by Australia Post's tracking record and admissions in applicant's correspondence, and service was effected on that date. Consequently, the application to set aside the demand was out of time, leaving the Court without jurisdiction to hear the matter.

Parties
Plaintiff: Shire Lind Developments (NSW) Pty Ltd; Defendant: Lords Property Group Pty Ltd
Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Corporations – Application to Set Aside a Creditor's Statutory Demand / Review of Registrar's Dismissal of Application to Set Aside Statutory Demand
Outcome
Application for review dismissed; costs awarded to respondent.
Legal Topics
Statutory Demands, Service of Documents, Jurisdiction
Corporations Law Insolvency Statutory Demands Service of Documents Jurisdiction

Case Brief

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Parties

Shire Lind Developments (NSW) Pty Ltd

Plaintiff

Lords Property Group Pty Ltd

Defendant

Procedural Posture

Corporations – Application to Set Aside a Creditor's Statutory Demand / Review of Registrar's Dismissal of Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether statutory demand was served on applicant on 8 January 2020
  2. 2 Whether application to set aside statutory demand was filed within 21 days as required by s 459G of the Corporations Act 2001 (Cth)

Ratio Decidendi

The statutory demand was delivered to and received at the registered office (Suite 2) on 8 January 2020, as evidenced by Australia Post's tracking record and admissions in applicant's correspondence, and service was effected on that date. Consequently, the application to set aside the demand was out of time, leaving the Court without jurisdiction to hear the matter.

Court Disposition

Application for review dismissed; costs awarded to respondent.

Orders

  • The applicant's interlocutory process dated 3 March 2020 be dismissed.
  • The applicant pay the respondent's costs of the interlocutory process.