In the matter of Riverina Solar Pty Ltd [2024] NSWSC 480

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Riverina Solar Pty Ltd [2024] NSWSC 480 Hearing dates: 27 October 2023 Date of orders: 30 April 2024 Decision date: 30 April 2024 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See [101]-[102] below. Catchwords: CORPORATIONS – Service of application to set aside statutory demand under s 459G of the Corporations Act 2001 (Cth) – Where plaintiff initiated proceedings in Supreme Court of Queensland to set aside statutory demand – Where statutory demand nominated an address of solicitors in New South Wales as the address for service on the creditor of any s 459G application - Where plaintiff's solicitors sent an email to the email address of those solicitors attaching a copy of the initiating process together with the supporting affidavit and notice under s 16 of the Service and Execution of Process Act 1992 (Cth) – Where email sent and received shortly before midnight on the last day of the 21-day statutory period under s 459G – Whether email constituted effective service of statutory demand – Whether s 600G of the Corporations Act 2001 (Cth), as in force at the time, applied to service of applications under s 459G of that Act – Whether service by electronic communication permissible under Service and Execution of Process Act 1992 (Cth) STATUTORY INTERPRETATION – Corporations Act 2001 (Cth), s 600G - Service and Execution of Process Act 1992 (Cth), s 15(3) and s 9 Legislation Cited: Acts Interpretation Act 1901 (Cth), s 13 Corporations Act 2001 (Cth), ss 9, 105A, 105B, 109X, 459A, 459B, 459C, 459E, 459G, 583, 600G, 601CX Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) Corporations Amendment (Insolvency) Act 2007 (Cth) Insolvency Law Reform Act 2016 (Cth) Service and Execution of Process Act 1992 (Cth), ss 9, 15, 16 Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 (Cth) Cases Cited: Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594; [1990] HCA 17 Energy Conservation Systems Pty Ltd v Downer EDI Engineering Electrical Pty Ltd (2008) 221 FLR 393; [2008] NSWSC 1139 Greylag Goose Leasing 1410 Designated Activity Company v PT Garuda Indonesia Ltd (2023) 111 NSWLR 550; [2023] NSWCA 134 In the matter of Bioaction Pty Ltd (2022) 402 ALR 542; [2022] FCA 436 In the matter of Black Tie Holdings Pty Ltd (2022) 162 ACSR 452; [2022] NSWSC 781 Maybury v Plowman (1913) 16 CLR 468; [1913] HCA 43 MHC Pathology Pty Ltd v Midvale Trial Pty Ltd [2020] VSC 789 R v Mailes (2001) 53 NSWLR 251; [2001] NSWCCA 155 Ragless v District Council of Prospect [1922] SASR 299 Re International Materials & Technologies Pty Ltd (2013) 282 FLR 362; [2013] NSWSC 787 Sandys Swim Pty Ltd v Morgan [2022] FCA 1574 Texts Cited: P Herzfeld and T Prince, Interpretation (2nd ed, 2020, Thomson Reuters) Category: Principal judgment Parties: Riverina Solar Pty Ltd (Plaintiff) Tellhow International Engineering & Contracting Co., Ltd (Defendant) Representation: Counsel: Mr D Hume (Plaintiff) Mr F Assaf SC with Mr B Smith (Defendant)