The Court held that a central mailroom in a multi-tower commercial complex, located approximately 200 metres from the registered office suite and controlled by building management rather than the tenant, does not form part of the company's registered office for the purposes of postal service under s 109X of the Corporations Act, following Jin Xin and Brand. The Court found effective informal service occurred when the demands came to the attention of a director authorised to deal with them, establishing jurisdiction for the s 459G applications. On the substantive grounds, the Court held there was a genuine dispute as to whether notice of assignment of future debts could be effectively given before those debts came into existence — finding it strongly arguable that s 134 PLA notice cannot precede the debt's existence for legal assignments, and that the ambiguity in the purported notice (as to debtor identity and timing) was sufficient to establish a genuine dispute as to whether payment to the assignor discharged the debts. The Court left unresolved the broader question of whether equitable notice of assignment can be given in advance of the assigned property coming into existence.
The full text is available to signed-in members, including the 1 later case that cites this judgment.