NSW Caselaw
Reported Decision : 212 FLR 357
New South Wales Supreme Court
CITATION : Brand & Media v Aeropack [2007] NSWSC 854
HEARING DATE(S) : 27 July 2007 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 27 July 2007
DECISION : The statutory demand dated 8th December 2006 served on the plaintiff by the defendant is set aside. The defendant is to pay the plaintiff's cost of the application.
CATCHWORDS : CORPORATIONS – Application under s 459G of the Corporations Act 2001(Cth) to set aside statutory demand – Where address of registered office is particular numbered suite on wharf – Whether delivery to mailbox in mailroom some distance from suite under control of security staff and to which recipient does not have unrestricted access constituted delivery to registered office – Genuine dispute about existence of debt to which statutory demand relates where identity of debtor company is contested
LEGISLATION CITED : Corporations Act 2001 (Cth) Acts Interpretation Act 1901 (Cth)
Scope Data Systems Pty Ltd v Goman as Representative of Partnership BDO Nelson Parkhill [2007] NSWSC 278 CASES CITED : Solarite Air Conditioning Pty Ltd v York International Australia Pty Ltd [2002] NSWSC 411 Ketrim Pty Ltd v AS&L Pty Ltd [2004] NSWSC 1046
PARTIES : Brand & Media Pty Limited ACN 107 209 996 Aeropack Australia Pty Limited ACN 055 376 639
FILE NUMBER(S) : SC 1450/2007
COUNSEL : A. Seward (Plaintiff) D. Ash (Defendant)
SOLICITORS : Baker & McKenzie (Plaintiff) Bartier Perry (Defendant)
- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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