Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Solos Limited v Aussie Hoops Pty Ltd [2022] FCA 1022 File number: NSD 381 of 2022
Judgment of: MARKOVIC J
Date of judgment: 1 September 2022
Catchwords: CORPORATIONS – application to set aside statutory demand – separate question – whether application served within 21 days as required by s 459G of the Corporations Act 2001 (Cth) – where the question turns on the date the statutory demand was served on the plaintiff – where presumption that the statutory demand was delivered "in the ordinary course of post" – whether evidence sufficient to "prove the contrary" – where Australian Postal Corporation tracking information indicates statutory demand was delivered to "Bundall QLD" on 3 May 2022 –– where plaintiff received the statutory demand on 4 May 2022 – where the evidence considered as a whole proves demand was delivered on 3 May 2022 – where answer to the question is "no"
Legislation: Acts Interpretation Act 1901 (Cth) s 29(1) Corporations Act 2001 (Cth) s 109X, s 459G Corporations Regulations 2001 (Cth) Evidence Act 1995 (Cth) s 160 Federal Court Rules 2011 (Cth) r 30.01
Cases cited: Chen v Kornucopia Pty Ltd (No 1) (2019) VR 305 Deputy Commissioner of Taxation v Melking Holdings Pty Ltd (2019) 137 ACSR 411; [2019] FCA 988 Fancourt v Mercantile Credits Limited (1983) 154 CLR 87 In the matter of AXF Group Pty Ltd [2019] VSC 671; 348 FLR 391 In the matter of Myao Travel Pty Ltd (2020) 148 ACSR 563; [2020] NSWSC 1219 Re Crowe Consulting Pty Ltd (2019) 140 ACSR 450; [2019] NSWSC 1414
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