Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Contract Synergies Administration Pty Ltd [2011] FCA 743 Citation: Deputy Commissioner of Taxation v Contract Synergies Administration Pty Ltd [2011] FCA 743
Parties: DEPUTY COMMISSIONER OF TAXATION v CONTRACT SYNERGIES ADMINISTRATION PTY LTD
File number(s): NSD 621 of 2011
Judge: JACOBSON J
Date of judgment: 24 June 2011
Catchwords: CORPORATIONS – Service of originating process – plaintiff posted documents to defendant company's registered address – letter returned with markings indicating registered address was incorrect – whether service by post was proved – distinction between non-receipt and non-delivery – originating process was delivered but not received – service effected
Legislation: Acts Interpretation Act 1901 (Cth), s 29. Corporations Act 2001 (Cth), ss 5C, 109X, 142
Cases cited: Dwyer v Canon Australia Pty Ltd [2007] SASC 100 followed Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 followed Fletchers' Freighters Pty Ltd (in liquidation) v Fresh Express Australia Pty Ltd [2011] SASC 45 distinguished Perpetual Nominees v Masri Apartments; Perpetual Nominees v Aus Constructions (2004) 183 FLR 142 discussed Re Rustic Homes Pty Ltd (1988) 49 SASR 41 distinguished
Date of hearing: 24 June 2011
Date of last submissions: 24 June 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 22
Solicitor for the Plaintiff: Mr C Bavin of Hunt & Hunt
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