Zipvac Australia Pty Ltd v Ivan James Hurwitz [2011] NSWSC 392

The application must fail because service of the originating process and supporting affidavit was not properly effected upon the defendant within the 21 day period required by s 459G(3).

Parties: Plaintiff: Zipvac Australia Pty Ltd; Defendant: Ivan James Hurwitz
Jurisdiction: Australia
Judgment Date: 09 May 2011
Procedural Posture: Application to Set Aside Statutory Demand / Final Judgment
Outcome: Proceedings dismissed
Legal Topics: Statutory Demand, Winding Up, Service Requirements

Corporations Statutory Demand Winding Up Service Requirements

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Parties

Zipvac Australia Pty Ltd

Plaintiff

Ivan James Hurwitz

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Final Judgment

Legal Issues

1 Whether the applicant served the originating process and supporting affidavit within the 21 day period specified by s 459G(3) of the Corporations Act 2001 (Cth)
2 Whether personal service was effected on the defendant as a natural person
3 Whether service at the address specified in Form 509H was effected

Ratio Decidendi

The application must fail because service of the originating process and supporting affidavit was not properly effected upon the defendant within the 21 day period required by s 459G(3).

Court Disposition

Proceedings dismissed

Orders

Proceedings dismissed