In the matter of 8D Pty Ltd [2013] NSWSC 1297

Supreme Court New South Wales

Medium Neutral Citation: In the matter of 8D Pty Ltd [2013] NSWSC 1297 Hearing dates: 20 May 2013 Decision date: 24 May 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Application to set aside the creditors' statutory demand dismissed. Catchwords: CORPORATIONS - application to set aside a creditor's statutory demand - whether service of the application to set aside a creditor's statutory demand complied with s 459G Corporations Act 2001 (Cth) - whether service of an application to set aside a creditor's statutory demand interstate must comply with the requirements of the Service and Execution of Process Act 1992 (Cth) within the 21 day period specified in s 459G(3) of the Corporations Act 2001 (Cth) - whether compliance with the Service and Execution of Process Act is necessary to achieve effective service of an application to set aside the creditor's statutory demand interstate where service of that application outside the jurisdiction would not be recognised at common law. PROCEDURE - costs - order for costs on indemnity basis - whether there was unreasonableness in the plaintiff's position. Legislation Cited: - Corporations Act 2001 (Cth) ss 190X, 459G, 459G(3) - Service and Execution of Process Act 1992 (Cth) ss 9, 9(1), 15, 15(3), 16 - Service and Execution of Process Regulations 1993 (Cth) - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 - Elan Copra Trading Pty Ltd v J K International Pty Ltd [2005] SASC 501; (2005) 195 FLR 229 - Energy Conservation Systems Pty Ltd v Downer EDI Engineering Electrical Pty Ltd [2008] NSWSC 1139 - Marlan Financial Services Pty Ltd v New England Agricultural Traders Pty Ltd [1999] VSC 435; (1999) 158 FLR 256 - Woodgate v Gerard Pty Ltd [2010] NSWSC 508; (2010) 78 ACSR 468 Category: Interlocutory applications Parties: 8D Pty Limited (Plaintiff) DMH Assets Pty Limited (as trustee for DMH Assets Superannuation Trust) (Defendant) Representation: Counsel: N. Kidd (Plaintiff/Respondent) M. Maconachie (Defendant/Applicant) Solicitors: Levitt Robinson (Plaintiff) Radcliff Taylor Lawyers) File Number(s): 2013/199494