In the matter of VO Group Australia Pty Ltd [2023] NSWSC 852

In the matter of VO Group Australia Pty Ltd [2023] NSWSC 852

Watpac did not establish that the Demand was served before 4 April 2023. The presumption of service by post was unavailable because the evidence showed the envelope was addressed to a North Sydney street address with the Sydney CBD postcode, so it was not proved to be properly addressed and service at VO's registered office was not proved as a fact. Delivery by Aconex to Mr Wang was also not effective informal service because, although he received the Demand, he was not shown to be expressly or impliedly authorised to deal with creditor's statutory demands on behalf of VO. Accordingly, the Court was not without jurisdiction to determine VO's application to set aside the Demand.

Jurisdiction
Australia
Judgment Date
17 July 2023
Procedural Posture
Application to Set Aside a Creditor's Statutory Demand / Determination of Separate Issue as to Whether the Court Has Jurisdiction Under S 459 G of the Corporations Act 2001 (cth)
Outcome
The Court held that it had jurisdiction to determine the application and ordered Watpac to pay the costs of and incidental to the separate issue.
Legal Topics
['winding Up' "creditor's Statutory Demand" 'service by Post' 'informal Service' 'electronic Service' 'jurisdiction Under S 459 G']
['corporations' 'civil Procedure'] ['winding Up' "creditor's Statutory Demand" 'service by Post' 'informal Service' 'electronic Service' 'jurisdiction Under S 459 G']

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Procedural Posture

Application to Set Aside a Creditor's Statutory Demand / Determination of Separate Issue as to Whether the Court Has Jurisdiction Under S 459 G of the Corporations Act 2001 (cth)

Legal Issues

  1. 1 ["Whether the creditor's statutory demand was served before 4 April 2023 by express post to VO's registered office despite the envelope bearing an incorrect postcode." 'Whether delivery of the demand and supporting affidavit by Aconex to Mr Wang constituted effective informal service on VO.' 'Whether the application to set aside the demand was filed within time so that the Court had jurisdiction under s 459G of the Corporations Act 2001 (Cth).']

Ratio Decidendi

Watpac did not establish that the Demand was served before 4 April 2023. The presumption of service by post was unavailable because the evidence showed the envelope was addressed to a North Sydney street address with the Sydney CBD postcode, so it was not proved to be properly addressed and service at VO's registered office was not proved as a fact. Delivery by Aconex to Mr Wang was also not effective informal service because, although he received the Demand, he was not shown to be expressly or impliedly authorised to deal with creditor's statutory demands on behalf of VO. Accordingly, the Court was not without jurisdiction to determine VO's application to set aside the Demand.

Court Disposition

The Court held that it had jurisdiction to determine the application and ordered Watpac to pay the costs of and incidental to the separate issue.

Orders

  • ['The Court has jurisdiction to determine the application.' 'The Defendant is to pay the costs of and incidental to the separate issue.']