In the matter of Selin Australia Pty Limited [2016] NSWSC 1908

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Selin Australia Pty Limited [2016] NSWSC 1908 Hearing dates: 7 December 2016 Decision date: 07 December 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the application to set aside the creditor's statutory demand dated 12 July 2016 be dismissed with costs. Catchwords: CORPORATIONS — Winding up — Application to set aside creditor's statutory under ss 459G and 459H of the Corporations Act 2001 (Cth) – where plaintiff was served with creditor's statutory demand – where defendant contended that the s 459G application was served outside the statutory 21 day period relying on s 29 of the Acts Interpretation Act 1901 (Cth) and s 160 of the Evidence Act 1901 (Cth) – where plaintiff's registered office was the premises of its accountants and mail from accountants' street address was diverted to post office box – where factual basis for the amount of the plaintiff's purported offsetting claim was not sufficiently established – whether presumptions under s 29 of the Acts Interpretation Act 1901 (Cth) and s 160 of the Evidence Act 1901 (Cth) rebutted – whether offsetting claim under s 459H(1)(b) established. Legislation Cited: - Acts Interpretation Act 1901 (Cth), s 29 - Corporations Act 2001 (Cth), ss 109X, 459G, 459H, - Evidence Act 1995 (NSW), s 160 Cases Cited: - BBB Constructions Pty Ltd v Frankipile Australia Pty Ltd [2008] NSWSC 982; (2008) 68 ACSR 1 - Beauty Health Group Ltd v Scholl [2011] NSWSC 77 - Britten-Norman Pty Ltd v Analysis and Technology Australia Pty Ltd [2013] NSWCA 344; (2013) 85 NSWLR 601 - Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259; (2007) 23 BCL 292 - Futre Developments Pty Ltd [2014] NSWSC 1712; (2014) 292 FLR 256 - Macleay Nominees Pty Ltd v Belle Property East Pty Ltd [2001] NSWSC 743 - Re Leasing Holdings Pty Ltd (formerly Charlie Lovett Pty Ltd) [2015] NSWSC 771 - Re Shaolin Temple Foundation (Australia) Ltd [2016] NSWSC 804 - Re Watson Road Moss Vale Developments Pty Ltd [2013] NSWSC 783 - Royal Premier Pty Ltd v Taleski [2001] WASCA 48 - Scanhill Pty Ltd v Century 21 Australia Pty Ltd (1993) 12 ACSR 341 - Scope Data Systems Pty Ltd v Goman (as representative of the partnership BDO Nelson Parkhill) [2007] NSWSC 278; (2007) 70 NSWLR 176 Category: Principal judgment Parties: Selin Australia Pty Ltd (Plaintiff) Ates Enterprises Pty Ltd (Defendant) Representation: Counsel: M Bennett (Plaintiff) A Katsoulas (Defendant)