Deputy Commissioner of Taxation v ACN 152 259 839 Pty Ltd [2024] FCA 1489

FEDERAL COURT OF AUSTRALIA Deputy Commissioner of Taxation v ACN 152 259 839 Pty Ltd [2024] FCA 1489 File number:

Judgment of: MOSHINSKY J

Date of judgment: 18 December 2024

Catchwords: CORPORATIONS – insolvency – statutory demand – application for review of decision of a Registrar – where the Registrar made a winding up order in respect of the defendant – service – where statutory demand served by leaving it at the registered office of the defendant – where the glass front door of the registered office was locked and the office was unattended – where an envelope containing the statutory demand was slid under the front door and into the premises – where the defendant accepted that the statutory demand had been validly served pursuant to s 109X(1)(a) of the Corporations Act 2001 (Cth) – where the defendant contended that there had been a want of fair notice on the basis that the plaintiff knew that the defendant was unlikely to receive the statutory demand – held: application for review dismissed

Legislation: Corporations Act 2001 (Cth), s 109X Federal Court of Australia Act 1976 (Cth) s 35A

FP Leonard Advertising Pty Ltd v KD Travel Service Pty Ltd (1993) 12 ACSR 136 Cases cited: Re Future Life Enterprises Pty Ltd (1994) 33 NSWLR 559 Woodgate v Garard Pty Ltd [2010] NSWSC 508

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 48

Date of hearing: 17 December 2024

Counsel for the Plaintiff: Mr SA Tisher

Solicitor for the Plaintiff: Mills Oakley