The Rochester Communications Group Pty Ltd v Lader Pty Ltd [1996] FCA 524

Service of the application and affidavit on the respondent at an address other than its registered office was not effective service within the meaning of s.459G of the Corporations Law, and the doctrine of estoppel does not operate to remedy the defect. The application was therefore not properly served within the required period and must be dismissed.

Jurisdiction: Australia
Judgment Date: 28 June 1996
Procedural Posture: Corporations Statutory Demand Application / Judgment on Application to Set Aside Statutory Demand
Outcome: Application dismissed
Legal Topics: ['statutory Demand' 'service of Documents' 'estoppel by Conduct']

['corporations'] ['statutory Demand' 'service of Documents' 'estoppel by Conduct']

Case Brief

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Procedural Posture

Corporations Statutory Demand Application / Judgment on Application to Set Aside Statutory Demand

Legal Issues

1 ['Whether service of application to set aside statutory demand on the respondent at an address other than its registered office constituted proper service within s.459G of the Corporations Law.' 'Whether estoppel by conduct arose to prevent the respondent from objecting to the address for service.']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['The application filed on 8 May 1996 by the applicant be dismissed.' "The applicant pay the respondent's costs of that application."]