In the matter of Watson Road Moss Vale Developments Pty Limited [2013] NSWSC 783

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Watson Road Moss Vale Developments Pty Limited [2013] NSWSC 783 Hearing dates: 20 March 2013 Decision date: 20 March 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Defendant wound up in insolvency under s 459P Corporations Act 2001 (Cth). Liquidator appointed to the defendant. Catchwords: CORPORATIONS - winding up - winding up in insolvency - presumption of insolvency arising from non-compliance with a statutory demand.

PROCEDURE - service - whether statutory demand was served so as to give rise to a presumption of insolvency arising from non-compliance with it - where conflicting evidence about the sending and receipt of mail - where mail diverted from registered office to post office by arrangement between the company and the post office - whether evidence sufficient to raise doubt about the presumption that mail is received on the fourth business day after it was posted. Legislation Cited: Acts Interpretation Act 1901 (Cth) s 29 Corporations Act 2001 (Cth) ss 109X, 459C(2), 459P, 459Q, 459R Evidence Act 1995 (NSW) s 160 Supreme Court (Corporations) Rules 1999 (NSW) r 5.4(4) Cases Cited: - Bellway Corporation Pty Ltd v Ausdrill Ltd (1995) 13 ACLC 1663 - Deputy Commissioner of Taxation v Clear Blue Developments Pty Ltd [2010] FCA 1223 - Deputy Commissioner of Taxation v Starpicket Pty Ltd [2012] FCA 1196 - Formosa House Pty Ltd v Ming Chien Chang [2010] VSC 474 - Renegade Rigging Pty Ltd v Hanlon Nominees Pty Ltd [2010] VSC 385 - Scope Data Systems Pty Ltd v Gorman [2007] NSWSC 278; (2007) 70 NSWLR 176 - Steel Building Systems Pty Ltd v Beks Constructions (NSW) Pty Ltd [2010] NSWSC 1405 - Tomic Industries Pty Ltd [2012] NSWSC 1478 Category: Principal judgment Parties: M & A Barlow and Co (Australia) Limited (Plaintiff) Watson Road Moss Vale Developments Pty Limited (Defendant) Representation: Counsel: P. Rodionoff (Plaintiff) D.A. Allen (Defendant) Solicitors: Ai Strategic Lawyers (Plaintiff) Proctor & Associates (Defendant) File Number(s): 2012/325986