In the matter of Urban Solutions Group Pty Limited [2015] NSWSC 1940

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Urban Solutions Group Pty Limited [2015] NSWSC 1940 Hearing dates: 9 November 2015 Decision date: 09 November 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the Amended Originating Process be dismissed. The Defendant advise the Plaintiff by its solicitor, of the amount claimed by lump sum costs order by 4 pm on 11 November 2015. Catchwords: CORPORATIONS – creditor's statutory demand – application to set aside the demand – where debtor sought a declaration that the creditor's statutory demand was null and void – where application brought outside 21 day period prescribed by s 459G of the Corporations Act 2001 (Cth) – where Australian Business Number of creditor on the demand was alleged to be incorrect – where address for service of application to set aside the demand specified in prescribed form was the registered office of the creditor and outside New South Wales – whether to set aside the demand. Legislation Cited: - Corporations Act 2001 (Cth) ss 459E, 459E(2), 459F, 459G, 459H, 459J, 459S - Service and Execution of Process Act 1992 (Cth) Cases Cited: - Condor Asset Management Limited v Excelsior Eastern Limited [2005] NSWSC 1139; (2005) 56 ACSR 223 - David Grant & Co Pty Limited v Westpac Banking Corporation [1995] HCA 43; (1995) 184 CLR 2005 - Emhill Pty Ltd v Bonsoc Pty Ltd [2004] VSC 322; (2004) 50 ACSR 305 - Re International Materials and Technologies Pty Limited [2013] NSWSC 787 - Re Leasing Holdings Pty Limited (formerly Charlie Lovett Pty Limited) [2015] NSWSC 771 Category: Principal judgment Parties: Urban Solutions Group Pty Limited (Plaintiff) Trevet Property Pty Limited (Defendant) Representation: Counsel: A Kaufmann (Plaintiff) M Sneddon (Defendant)