Event and Time
Event Description
The event concerns an application made by the applicant company to set aside a statutory demand issued by the respondent. The statutory demand was dated 27 June 2023 and arose due to a claimed debt. The critical issue is whether the application and its supporting affidavit were properly served on the respondent within the statutory period.
Application and Claims
- The applicant claims that the application to set aside the demand and the supporting affidavit were served within the required timeframe of 21 days after the mandatory delivery of the statutory demand.
- The applicant argues that it was first served with the statutory demand on 6 July 2023.
- The respondent contests this, asserting that the statutory demand was served earlier, making the application to set it aside invalid.
Judicial Decisions
- The court ultimately decided to set aside the statutory demand pursuant to Section 459H of the Corporations Act 2001 (Cth) because the application was deemed valid, having been served within the necessary period.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Argument:
- Claims it received the statutory demand on 6 July 2023. - Asserts that it served the application to set aside the demand within the statutory period. - Contends that there was a genuine dispute regarding the debt in question.
- Respondent’s Argument:
- Claims the statutory demand was served before 6 July 2023, which would render the application invalid. - Relies on Section 109X of the Corporations Act which allows service via post to a company's registered office.
- Evidence:
- Both parties provided affidavits and cross-examinations. - The applicant's evidence suggested some mail addressed to its registered office was delivered to a related company's post office box. - Respondent established that the statutory demand was properly posted to the applicant’s registered office.