In the matter of St George Bank – A Division of Westpac Banking Corporation ABN 33 007 457 141 [2015] NSWSC 2052

In the matter of St George Bank – A Division of Westpac Banking Corporation ABN 33 007 457 141 [2015] NSWSC 2052

There was no reason to set aside the order previously made, as service was properly effected at the specified address for service, the applicant was aware of the proceedings, and the statutory demand was patently defective, both in the period for compliance and as the subject of a genuine dispute.

Jurisdiction
Australia
Judgment Date
27 April 2015
Procedural Posture
Application / Motion to Set Aside Previous Orders
Outcome
Application to set aside judgment dismissed.
Legal Topics
['winding Up' "creditor's Statutory Demand" 'service of Documents']
['corporations Law'] ['winding Up' "creditor's Statutory Demand" 'service of Documents']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application / Motion to Set Aside Previous Orders

Legal Issues

  1. 1 ['Whether the order setting aside the statutory demand should be set aside' 'Whether service of the application to set aside the demand was properly effected' 'Whether the statutory demand was defective']

Ratio Decidendi

There was no reason to set aside the order previously made, as service was properly effected at the specified address for service, the applicant was aware of the proceedings, and the statutory demand was patently defective, both in the period for compliance and as the subject of a genuine dispute.

Court Disposition

Application to set aside judgment dismissed.

Orders

  • ['Notice of Motion dismissed.' "Defendant to pay the plaintiff's costs of the motion assessed in the sum of $4,400."]