The Site Foreman Pty Limited v Brand [2011] NSWSC 451

The Site Foreman Pty Limited v Brand [2011] NSWSC 451

Service of an originating process and supporting affidavit required by s 459G(3)(b) of the Corporations Act 2001 (Cth) to set aside a statutory demand may be effected by leaving the documents in the letterbox at the defendant's last known residential address pursuant to s 28A Acts Interpretation Act 1901 (Cth). Rule 10.20(2)(a) of the Uniform Civil Procedure Rules 2005 does not require personal service in those circumstances, as Commonwealth law prevails.

Jurisdiction
Australia
Judgment Date
19 May 2011
Procedural Posture
Corporations Winding Up Statutory Demand Application / Separate Question Determined Under Rule 28.2, Uniform Civil Procedure Rules 2005
Outcome
The separate question is answered 'yes'.
Legal Topics
['statutory Demand' 'service of Process' 'federal Jurisdiction' 'application Under S 459 G Corporations Act' 'interpretation of Service Provisions']
['corporations Law' 'civil Procedure'] ['statutory Demand' 'service of Process' 'federal Jurisdiction' 'application Under S 459 G Corporations Act' 'interpretation of Service Provisions']

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Procedural Posture

Corporations Winding Up Statutory Demand Application / Separate Question Determined Under Rule 28.2, Uniform Civil Procedure Rules 2005

Legal Issues

  1. 1 ['Whether delivery of originating process and supporting affidavit to the letterbox of residential premises constituted valid service for s 459G(3) of the Corporations Act 2001 (Cth)' 'Whether personal service is required by UCPR 10.20(2)(a) for an application under s 459G when defendant is a natural person' 'Whether s 28A Acts Interpretation Act prevails over UCPR by force of s 5C Corporations Act and s 79 Judiciary Act' "Whether the Dormer Close address was the defendant's last known place of residence or business" "Whether leaving a document in the letterbox amounts to leaving 'at' the address under s 28A"]

Ratio Decidendi

Service of an originating process and supporting affidavit required by s 459G(3)(b) of the Corporations Act 2001 (Cth) to set aside a statutory demand may be effected by leaving the documents in the letterbox at the defendant's last known residential address pursuant to s 28A Acts Interpretation Act 1901 (Cth). Rule 10.20(2)(a) of the Uniform Civil Procedure Rules 2005 does not require personal service in those circumstances, as Commonwealth law prevails.

Court Disposition

The separate question is answered 'yes'.

Orders

  • ["The separate question the subject of the order of 16 May 2011 is answered 'yes'."]