Federal Court of Australia
Federal Court of Australia
Bioaction Pty Ltd v Ogborne, in the matter of Bioaction Pty Ltd [2022] FCA 436 File number: NSD 61 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 26 April 2022
Catchwords: CORPORATIONS – determination of a separate question pursuant to rule 30.01 of the Federal Court Rules 2011 (Cth) – where substantive proceedings are an application to set aside a statutory demand pursuant to s 459G of the Corporations Act 2001 (Cth) – whether the application to set aside a statutory demand was served within the 21 day period specified in s 459G – where application and supporting documents (originating documents) were sent by email to the defendant's legal representative – where email contained originating documents as attachments in portable document format (PDF) – where email attaching the originating documents was sent on the last day of the statutory period provided by s 459G – where plaintiff relies on expert evidence as to the timing of receipt of the originating documents by the defendant's legal representative – whether s 600G and the deeming provisions in ss 105A and 105B of the Corporations Act 2001 (Cth) apply - whether rebuttable presumption in s 161 of the Evidence Act 1995 (Cth) is displaced – whether the PDF versions of the originating documents were in complete and legible form – Held: Separate question, being "was the application for an order setting aside the statutory demand and the affidavit supporting the application filed and served within the 21 day statutory period specified in s.459G of the Corporations Act 2001?" answered "yes"
Legislation: Acts Interpretation Act 1901 (Cth), ss 2B, 28A Corporations Act 2001 (Cth), ss 9, 105A, 105B, 109X, 459E, 459G, 600G Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) Electronic Transactions Act 1999 (Cth), s 14A Evidence Act 1995 (Cth), s 161 Corporations Regulations 2001 (Cth), regs 1.0.03, 1.0.04, 1.0.05, Schs 1 and 2 Federal Court Rules 2011 (Cth), r 30.01
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