The Court held that a statutory demand served by email satisfied the technology neutral sending provisions in Div 2 of Pt 1.2AA and s 105A of the Corporations Act where the email addresses had been used in prior related correspondence concerning the same debt, constituting 'nominated electronic addresses' under s 9. The objective test in s 110D(2) does not require a reasonable expectation that the document will actually be accessed at the time of receipt, only that it would be readily accessible for subsequent reference. The Court further held that Div 2 of Pt 1.2AA does not displace the effective informal service rule, and both operate as alternative methods of establishing service; accordingly, the s 459G application filed outside the 21-day period was dismissed as incompetent, with indemnity costs awarded against the plaintiff.
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