In the matter of VO Group Australia Pty Ltd [2023] NSWSC 852

Supreme Court New South Wales

Medium Neutral Citation: In the matter of VO Group Australia Pty Ltd [2023] NSWSC 852 Hearing dates: 17 July 2023 Date of orders: 17 July 2023 Decision date: 17 July 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court has jurisdiction to determine the application and the Defendant to pay the costs of and incidental to the separate issue. Catchwords: CORPORATIONS — Winding up — Statutory demand — Application to set aside – Service by post - Where affidavit evidence is that statutory demand was sent by express post to address with an incorrect postcode – Whether service of the statutory demand was deemed effective CORPORATIONS — Winding up — Statutory demand — Application to set aside – Whether delivery of the statutory demand by an electronic means to an employee constituted effective informal service Legislation Cited: - Acts Interpretation Act 1901 (Cth), s 29 - Corporations Act 2001 (Cth), ss 109X, 459G, 600G - Evidence Act 1995 (Cth), s 160 Cases Cited: - Chief Commissioner of State Revenue v Boss Constructions (NSW) Pty Ltd (2018) 98 NSWLR 473; [2018] NSWCA 270 - Deputy Commissioner of Taxation v ABW Design & Construction Pty Ltd (2012) 203 FCR 70; 291 ALR 127; [2012] FCA 346 - Dwyer v Canon Australia Pty Ltd [2007] SASC 100 - Pearlburst Pty Ltd v Summers Resort Group Pty Ltd [2007] NSWSC 1126 - Perpetual Nominees v Masri [2004] 49 ACSR 714; [2004] NSWSC 500 - Re Dyldam Developments Pty Ltd [2019] NSWSC 1518 - Woodgate v Gerard Pty Ltd (2010) 78 ACSR 468; [2010] NSWSC 508 Category: Procedural rulings Parties: VO Group Australia Pty Ltd (Plaintiff) Watpac Construction Pty Ltd (Defendant) Representation: Counsel: L Chan & A Lim (Plaintiff) J Hastie (Defendant)