Federal Court of Australia
Federal Court of Australia
Sandys Swim Pty Ltd v Morgan [2022] FCA 1574 File number: ACD 42 of 2022
Judgment of: SARAH C DERRINGTON J
Date of judgment: 23 December 2022
Catchwords: CORPORATIONS – application to set aside a statutory demand pursuant to s 459G of the Corporations Act 2001 (Cth) – whether application served within 21 days as required by s 459G – where statutory demand served by email and post – whether service effective by virtue of s 600G and ss 105A and B when email received
Legislation: Acts Interpretation Act 1901 (Cth), s 28A Corporations Act 2001 (Cth), ss 9, 105A, 105B, 109X, 459E, 459G, 459H(1)(a) and (b), 459J, 600G Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) Evidence Act 1995 (Cth), s 161 Federal Court of Australia Act 1976 (Cth), s 35A(5) Federal Court Rules 2011 (Cth), r 1.34
Cases cited: Arcade Badge Embroidery Co Pty Ltd v Deputy Commissioner of Taxation [2005] ACTCA 3; 58 ATR 456 Bioaction Pty Ltd v Ogborne [2022] FCA 436; 159 ACSR 173 David Grant & Co Pty Ltd v Westpac Banking Corporation [1995] HCA 43; 184 CLR 265 In the matter of Black Tie Holdings Pty Ltd [2022] NSWSC 781 Jin Xin Investment & Trade (Australia) Pty Ltd v ISC Property Pty Ltd [2006] NSWSC 7; 24 ACLC 281 Kookaburra Educational Resources Pty Ltd v MacGear Limited Partnership trading as MacGear Australia [2021] FCA 797 Mangraviti Pty Ltd, Joe v Lumley Finance Ltd [2010] NSWSC 61 Martin v Commonwealth Bank of Australia [2001] FCA 87 Mazukov v University of Tasmania [2004] FCAFC 159 Miletich v Murchie [2012] FCA 1013; 297 ALR 566 Onebev v Encore Beverages [2016] VSC 284; 50 VR 106 Solos Ltd v Aussie Hoops Pty Ltd [2022] FCA 1022
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