In the matter of Rural Security Holdings Pty Limited [2013] NSWSC 1233

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Rural Security Holdings Pty Limited [2013] NSWSC 1233 Hearing dates: Monday 22 July 2013 Decision date: 22 July 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Creditor's statutory demand be set aside Catchwords: CORPORATIONS - creditor's statutory demand - application to set aside creditor's statutory demand - no appearance by defendant - plaintiff's affidavit sufficiently outlines a genuine dispute - statutory demand set aside Legislation Cited: (Cth) Corporations Act 2001, s 459G Category: Principal judgment Parties: Rural Secure Holdings Pty Ltd (plaintiff) SLM Property Group Pty Ltd (defendant) Representation: Counsel: Mr A Ronayne (plaintiff) Solicitors: Ronayne Lawyers Pty Ltd (plaintiff) File Number(s): 2013/129354

Judgment (Ex tempore) 1HIS HONOUR: By originating process filed on 26 April 2013, the plaintiff Rural Security Holdings Pty Ltd seeks an order pursuant to (Cth) Corporations Act 2001, s 459G, setting aside a creditor's statutory demand dated 5 April 2013 and served on it that day by the defendant SLM Property Group Pty Ltd. 2The originating process was first returnable before the Registrar on 6 June 2013, when a director of the defendant, Mr Mirosevich, appeared on its behalf and directions were made for the filing of evidence and the adjournment of the matter to 15 July 2013 before the Registrar. On 15 July there was no appearance on behalf of the defendant and the proceedings were adjourned to 22 July, with the plaintiff being directed to notify the defendant of the adjourned date. On or about 15 July the plaintiff's solicitor caused a letter to be sent by express post to the defendant at the address indicated on the defendant's affidavit filed 21 June 2013, the defendant not having filed a formal notice of appearance. 3In the absence of an appearance by the defendant, having been notified of the hearing date, the affidavit of Ian David Lazar dated 26 April 2013 sufficiently outlines a dispute as to the indebtedness claimed in the demand. 4I order pursuant to Corporations Act, s 459G, that the creditor's statutory demand dated 5 April 2013 and served by the defendant on the plaintiff that day be set aside. 5I order that the defendant pay the plaintiff's costs assessed in the sum of $5,000.