In the matter of Shaolin Temple Foundation (Australia) Ltd [2016] NSWSC 804

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Shaolin Temple Foundation (Australia) Ltd [2016] NSWSC 804 Hearing dates: 1 June 2016 Decision date: 01 June 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court determines that the application to set aside the creditor's statutory demand was served within the statutory 21 day period and that the Court has jurisdiction to determine an application to set aside the creditor's statutory demand. The question of costs be reserved. Catchwords: CORPORATIONS — Creditor's statutory demand — Application to set aside creditor's statutory demand – where creditor contended that application to set aside the creditor's statutory demand was not served within the statutory 21 day period and that the Court did not have jurisdiction to determine the application to set aside the demand – where there was a dispute between the parties as to when the demand was served on the debtor company – where creditor company relied on a tracking receipt issued by Australia Post as evidence of service on a particular date – whether the Court has jurisdiction to determine the application to set aside the demand. Legislation Cited: - Acts Interpretation Act 1901 (Cth), s 29 - Corporations Act 2001 (Cth), ss 109X, 459G - Evidence Act 1995 (NSW), s 160 Cases Cited: - Re Futre Developments Pty Ltd [2014] NSWSC 1712 - Scope Data Systems Pty Ltd v Goman (as representative of the partnership of BDO Nelson Parkhill) [2007] NSWSC 278; (2007) 70 NSWLR 176 Category: Procedural and other rulings Parties: Shaolin Temple Foundation (Australia) Ltd (Plaintiff) Street Quinn Pty Ltd (Defendant) Representation: Counsel: J Lockhart SC (Plaintiff) T Rickard (Defendant)