Robowash Pty Ltd v Robowash Finance Pty Ltd

(2000) 158 FLR 338; [2000] WASCA 409

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Corporations
2. › Statutory demand
3. › Application to set aside
4. › Whether application properly made
5. › Service of supporting affidavit
6. › Whether annexures form part of affidavit
7. › Whether failure to serve complete annexures invalidates application
8. › Corporations Law, s 459G(3)(b)
1. Evidence
2. › Affidavits
3. › Annexures and exhibits
4. › Distinction between annexures and exhibits
5. › Whether annexures form part of affidavit
1. Practice and Procedure
2. › Service
3. › Requirement to serve copy of document
4. › Meaning of 'copy'
5. › Strict compliance required

Quick Take

When serving a copy of a supporting affidavit under s 459G(3)(b) of the Corporations Law (now s 459G(3)(b) of the Corporations Act 2001 (Cth)), the copy must include all annexures. A failure to serve a complete copy of the annexures within the 21-day period is fatal to the application to set aside the statutory demand, and substantial compliance is not sufficient. The distinction between annexures (which form part of the affidavit) and exhibits (which do not) is critical.