In the matter of Industrial Installation and Access Systems Pty Limited [2011] NSWSC 1032

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Industrial Installation and Access Systems Pty Limited [2011] NSWSC 1032 Hearing dates: 5 September 2011 Decision date: 07 September 2011 Jurisdiction: Equity Division - Corporations List Before: Barrett J Decision: Order dispensing with service of originating process. Orders for winding up and appointment of liquidator. Catchwords: CORPORATIONS - winding up - application for winding up in insolvency - originating process served in another State without compliance with Service and Execution of Process Act - whether that omission fatal - power of court to dispense with service - where defendant received originating process and all other documents, filed notice of appearance and was represented by counsel at hearing - case for dispensing with service established - then not relevant that Service and Execution of Process Act not complied with - winding up order made Legislation Cited: Corporations Act 2001 (Cth), Part 5.3A, ss 109X(1)(a), 440A(2), 459C(2)(a), 459G, 459P, 465A(b), 467(1), 467(3) Service and Execution of Process Act 1992 (Cth), ss 9(1), 9(9), 15(1), 15(3), 16 Service and Execution of Process Regulations 1993 (Cth), Form 1 Cases Cited: Australian Ophthalmic Supplies Pty Ltd v Klas Pty Ltd [2005] VSC 106; (2005) 53 ACSR 496 Deputy Commissioner of Taxation v Australian Securities and Investments Commission; Re Civic Finance Pty Ltd [2010] FCA 1411 Dominion Capital Pty Ltd v Pico Holdings Inc [2001] VSC 458; (2002) 4 VR 195 Elan Copra Trading Pty Ltd v JK International Pty Ltd [2005] SASC 501; (2005) 226 ALR 349 Energy Conservation Systems v Downer EDI Engineering Electrical Pty Ltd [2008] NSWSC 1139; (2008) 221 FLR 393 Everkind Pty Ltd v Hazenforn Pty Ltd [2010] NSWSC 1031 Fresh Express Australia Pty Ltd v Mary Peter (NT) Pty Ltd [2009] NSWSC 277 Global Cement (North Queensland) Pty Ltd v Benchmark Debtor Finance Pty Ltd [2007] QSC 143 Marlan Financial Services Pty Ltd v New England Agricultural Traders Pty Ltd [1999] VSC 435; (1999) 158 FLR 256 R H Mortgage Corporation Ltd v Kerry Ann Properties Pty Ltd [2011] NSWSC 298 Sustainable Organics (Wooshaway) Pty Ltd v Ranger Loaders Pty Ltd [2011] QSC 45; Category: Principal judgment Parties: Kennards Hire Pty Limited - Plaintiff Industrial Installation and Access Systems Pty Limited - Defendant Representation: Mr J T Johnson - Plaintiff Mrs J M Baxter - Defendant Owen Hodge Lawyers - Plaintiff Miller Harris Lawyers by their Sydney agents Hardings Lawyers - Defendant File Number(s): 2011/233475 Publication restriction: Nil