Defective service of a statutory demand does not provide a basis for exercising the discretion under s 482 of the Corporations Act 2001 (Cth) to terminate or stay the winding-up of an insolvent company. The ordinary considerations governing s 482 applications — solvency, commercial morality and public interest — remain determinative. Service of a document at a company's registered office as recorded in ASIC records is good service even if the premises are no longer occupied by the company, but service will fail if the averment of service is itself impugned such that it cannot be concluded the document was served at the address at all.
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