Renegade Rigging Pty Ltd v Hanlon Nominees Py Ltd

[2010] VSC 385

Supreme Court of Victoria

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For Australian Law.

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Interrogate

Catchwords

1. Corporations
2. › Statutory demand
3. › Application to set aside
4. › Service of statutory demand by post
5. › When service deemed effected
6. › Ordinary course of post
7. › Fourth business day after posting
8. › Corporations Act 2001 (Cth), s 109X
9. › Acts Interpretation Act 1901 (Cth), s 29(1)
10. › Evidence Act 2008 (Vic), s 160
1. Corporations
2. › Statutory demand
3. › Application to set aside
4. › Service of application within 21-day period
5. › Whether service by facsimile transmission effective
6. › Facsimile number included in address for service in demand
7. › Whether documents need come to attention of recipient
8. › Corporations Act 2001 (Cth), s 459G(3)
1. Corporations
2. › Statutory demand
3. › Application to set aside
4. › Service of supporting affidavit
5. › Whether exhibits to affidavit required to be served
6. › Exhibits not forming part of affidavit
7. › Corporations Act 2001 (Cth), s 459G(3)(b)
1. Corporations
2. › Statutory demand
3. › Application to set aside
4. › Jurisdiction
5. › Whether Court has jurisdiction where application served within 21-day period
6. › Corporations Act 2001 (Cth), s 459G(2)

Quick Take

Where a statutory demand includes a facsimile number as part of the address for service, transmission of the application to set aside and supporting affidavit to that number within the 21-day period constitutes valid service under s 459G(3)(b), regardless of when the documents are actually read. Exhibits to a supporting affidavit do not form part of the affidavit and need not be served within the 21-day period.