In the matter of Denham Constructions Pty Ltd [2016] NSWSC 567

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Denham Constructions Pty Ltd [2016] NSWSC 567 Hearing dates: 28 April 2016 Decision date: 06 May 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that specified documents be taken to have been served on Defendant on 26 February 2016. Order that interlocutory process be dismissed. Parties to be heard as to costs. Catchwords: CORPORATIONS — winding up — winding up in insolvency – where Plaintiff filed originating process seeking orders that Company be wound up in insolvency – where Company sought interlocutory relief setting aside originating process on basis that the application had not been duly served by the Plaintiff as required under s 465A(b) of the Corporations Act 2001 (Cth) – where Plaintiff's solicitors delivered application to Company's solicitors within the 14 day period specified in s 465A(b) without intending to effect service – where third party creditor purported to serve application on Company – whether service within 14 day period in s 465A(b) of the Corporations Act 2001 (Cth) is a prerequisite to the Court's jurisdiction to order winding up of company – whether only the applicant for the winding up order can serve the application – whether service was effected under principles of informal service at general law – whether Court should make order confirming service under r 10.14(3) of the Uniform Civil Procedure Rules 2005 (NSW). Legislation Cited: - Corporations Act 2001 (Cth), ss 109X, 459C, 459P, 459G, 459R, 461, 465A, 465B, 467A, 1337B, Pt 5.4B - Judiciary Act 1903 (Cth), s 79 - Supreme Court (Corporations) Rules 1999 (NSW), rr 1.3, 2.7, - Uniform Civil Procedure Rules 2005 (NSW), rr 10.14, 10.20, 10.22, 12.11 Cases Cited: - Austar Finance Group Pty Ltd v Campbell [2007] NSWSC 1493; (2007) 215 FLR 464 - Carter v Newtel Ltd [2003] NSWSC 128; (2003) 44 ACSR 661 - Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 - Howship Holdings Pty Ltd v Leslie (1996) 41 NSWLR 542 - Lane Cove Council v Geebung Polo Club Pty Ltd (No 2) [2002] NSWSC 118; (2002) 41 ACSR 15 - Motor Terms Company Pty Ltd v Liberty Insurance Ltd (in liq) (1967) 116 CLR 177 - Woodgate v Garard Pty Ltd [2010] NSWSC 508; (2010) 78 ACSR 468 - Zaccardi v Caunt [2008] NSWCA 202; (2008) BPR 28,403 Category: Procedural and other rulings Parties: CSR Building Products Limited (Plaintiff) Denham Constructions Pty Ltd (Defendant) Representation: Counsel: B Katekar/D Robertson (Applicant/Defendant) D J A Mackay (Banfirn Pty Ltd – Creditor) Dr A J Greinke (Islamic Republic of Pakistan – Creditor) Ms M Painter SC (5G Capital SPV27 Pty Ltd – Creditor) A Zarkos (Regupol (Australia) Pty Ltd – Creditor)