The Court held that a company opposing a winding up application is not precluded by s 459S from contending that a statutory demand was served on an earlier date than alleged by the creditor, because such a contention goes to the existence of the s 459C presumption of insolvency rather than constituting a ground that could have been relied on to set aside the demand. The Court further held that for the purposes of service under s 109X, a company's registered office remains the address recorded on the ASIC register until a notice of change of address is lodged and takes effect under s 142(3), even where the company has sold the premises and ceased all connection with them. The winding up application was dismissed because the earlier service date meant the failure to comply fell outside the three-month window required for the s 459C presumption.
The full text is available to signed-in members.