In the matter of Carbon and Energy Reductions Pty Ltd [2014] NSWSC 923

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Carbon and Energy Reductions Pty Ltd [2014] NSWSC 923 Hearing dates: 7 July 2014 Decision date: 11 July 2014 Jurisdiction: Equity Division - Corporations List Before: Bergin CJ in Eq Decision: Statutory demand set aside Catchwords: [CORPORATIONS] - service of statutory demand under s 109X(1)(a) of the Corporations Act 2001 (Cth) - where claim that service was effected by "leaving it at" the company's registered office - where registered office is a residential unit in a block of residential units - where evidence that statutory demand left "in the mailbox near the entrance to the property" - whether service validly effected Legislation Cited: Conveyancing Act 1919 Corporations Act 2001 (Cth) Real Property and Conveyancing (Amendment) Act 1991 Cases Cited: In the matter of Anton Fabrications (NSW) Pty Limited - Bentley Smythe Pty Ltd v Anton Fabrications (NSW) Pty Ltd [2011] NSWSC 186 Brand & Media Pty Ltd v Aeropack Australia Pty Ltd [2007] NSWSC 854; (2007) 212 FLR 357 James v Ash Electrical Services Pty Ltd [2008] NSWSC 1112 Jin Xin Investment & Trade (Aust) Pty Ltd v ISC Property Pty Ltd [2006] NSWSC 7 Polstar Pty Ltd v Agnew [2007] NSWSC 114; (2007) 208 FLR 226 Swerus v Central Mortgage Registry of Australia Pty Ltd [1989] ANZ ConvR 169 Category: Interlocutory applications Parties: James McElhinney (Plaintiff) Carbon and Energy Reductions Pty Ltd (Defendant) Representation: Counsel: B Crowley (solicitor) (Plaintiff) A Barlow (Defendant) Solicitors: BTC Lawyers (Plaintiff) Matthew Sulman & Associates (Defendant) File Number(s): 2014/114497 Publication restriction: Nil