Cornick Pty Ltd v Brains Master Corporation [1995] FCA 1125

CATCHWORDS CORPORATIONS - Internal administration of companies - Service of documents at registered office of company - Service after 5.00pm effective. Corporations Law, s 220(1). CORNICK PTY LTD v BRAINS MASTER CORPORATION No. NG 3512 of 1995 Coram:Whitlam J Place: Sydney Date: 1 December 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 3512 of 1995 ) GENERAL DIVISION ) IN THE MATTER OF CORNICK PTY LTD ACN 001 621 610 CORNICK PTY LTD Applicant BRAINS MASTER CORPORATION Respondent Coram:Whitlam J Place: Sydney Date: 1 December 1995 REASONS FOR JUDGMENT The parties have requested the Court to decide separately two questions in advance of the hearing of an application under s459G(1) of the Corporations Law ("the Law"). The evidence on these questions may be shortly stated. On the afternoon of 22 August 1995 a search was conducted of records maintained by the Australian Securities Commission ("the ASC"). The search revealed that the registered office of the applicant was situated at 225 Ramsay Road, Haberfield and that its principal business office was situated at 3 Hannabus Place, Mulgrave. The next day, 23 August, the respondent's solicitors wrote to the applicant's directors at 225 Ramsay Street, Haberfield enclosing "by way of service" a statutory demand dated 23 August 1995 and a

supporting affidavit under s459E of the Law. An envelope, containing all three documents, was delivered to that address by a courier driver at about 5.45pm that same day. The driver placed the envelope under the door of the premises. He noted on his run sheet in the space provided for the name and signature of the person receiving delivery "no one home - no signature". Two days later, on 25 August 1995, the respondent's solicitors wrote to the applicant's directors at the Mulgrave address as follows: "Enclosed for your information is a copy of Creditor's Statutory Demand for Payment of Debt and Affidavit in Support served at the registered office of your company on 23rd August 1995."