Solos Limited v Aussie Hoops Pty Ltd [2022] FCA 1022

Solos Limited v Aussie Hoops Pty Ltd [2022] FCA 1022

Having regard to the evidence as a whole (Australia Post records showing delivery at Bundall QLD on 3 May 2022, GPS data, and the office procedures of the plaintiff’s registered office occupier), the statutory demand was delivered on 3 May 2022, not 4 May 2022 as claimed by the plaintiff. Therefore, the application to set aside the demand was not filed and served within the 21-day statutory period required by s 459G of the Corporations Act 2001 (Cth).

Jurisdiction
Australia
Judgment Date
01 September 2022
Procedural Posture
Corporations – Application to Set Aside Statutory Demand / Determination of a Separate Question Prior to Further Issues
Outcome
Separate question answered 'No': application to set aside statutory demand and supporting affidavit were not filed and served within the statutory 21-day period.
Legal Topics
['statutory Demand' 'service of Statutory Demand' 'proof of Delivery' 'jurisdiction Under S 459 G Corporations Act']
['corporations Law'] ['statutory Demand' 'service of Statutory Demand' 'proof of Delivery' 'jurisdiction Under S 459 G Corporations Act']

Case Brief

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Procedural Posture

Corporations – Application to Set Aside Statutory Demand / Determination of a Separate Question Prior to Further Issues

Legal Issues

  1. 1 ['Whether application to set aside statutory demand and supporting affidavit were filed and served within the 21-day statutory period specified in s 459G of the Corporations Act 2001 (Cth)' 'Determination of the date statutory demand was served on the plaintiff']

Ratio Decidendi

Having regard to the evidence as a whole (Australia Post records showing delivery at Bundall QLD on 3 May 2022, GPS data, and the office procedures of the plaintiff’s registered office occupier), the statutory demand was delivered on 3 May 2022, not 4 May 2022 as claimed by the plaintiff. Therefore, the application to set aside the demand was not filed and served within the 21-day statutory period required by s 459G of the Corporations Act 2001 (Cth).

Court Disposition

Separate question answered 'No': application to set aside statutory demand and supporting affidavit were not filed and served within the statutory 21-day period.

Orders

  • ['The separate question was answered: No, the originating process and supporting affidavit were not filed and served within the 21-day period specified in s 459G of the Corporations Act 2001 (Cth).' "The plaintiff is to pay the defendant's costs of the determination of the separate question." 'Unless parties provide...