Parklands Blue Metal Pty Ltd v Kowari Motors Pty Ltd

[2003] QSC 98

Supreme Court of Queensland

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Interrogate

Catchwords

1. Corporations
2. › Creditor's statutory demand
3. › Service of demand
4. › Service by facsimile transmission
5. › Whether facsimile transmission constitutes effective service
6. › Whether actual receipt overcomes deficiency in mode of service
7. › Corporations Act 2001 (Cth), ss 109X, 459E, 459G
1. Corporations
2. › Creditor's statutory demand
3. › Setting aside
4. › Time for application
5. › Whether application and supporting affidavit served within 21 days
6. › Service after 4:00 pm deemed service on next day
7. › Corporations Act 2001 (Cth), s 459G
8. › Uniform Civil Procedure Rules 1999 (Qld), r 103
1. Practice and Procedure
2. › Service of documents
3. › Service on corporations
4. › Meaning of 'service'
5. › Whether proof of actual receipt constitutes effective service regardless of mode of delivery
6. › Corporations Act 2001 (Cth), s 109X

Quick Take

Service of a creditor's statutory demand by facsimile transmission is effective where actual receipt by the company is proved or admitted, notwithstanding that facsimile is not a mode of service prescribed by s 109X of the Corporations Act 2001 (Cth). Section 109X is facultative, not a code. Practitioners must ensure that responsive documents under s 459G are served before 4:00 pm on the last day of the 21-day period, as service after 4:00 pm is deemed to occur on the following day under r 103 UCPR.