In the matter of Intercorp Estate Pty Limited [2016] NSWSC 1953

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Intercorp Estate Pty Limited [2016] NSWSC 1953 Hearing dates: Monday, 30 May 2016 Date of orders: 30 May 2016 Decision date: 30 May 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Originating process adjourned to 20 June 2016. Grant leave to plaintiff to amend return date on service copy. Direct that originating process, supporting evidence and notice of the date, time and place of adjourned hearing be served on defendant in accordance with requirements of Rules of Court for service of originating process by 6 June 2016. Catchwords: CORPORATIONS – winding up – winding up in insolvency – whether effective service of creditor's statutory demand and originating process – process not delivered personally to director pursuant to (CTH) Corporations Act 2001, s 109X(1)(b) – demand was returned with handwritten markings "return to sender" and "RTS left address" – "fair notice" doctrine – held, service of demand established as markings do not prove letter did not reach relevant address – service of process not established – proceedings adjourned with directions for further service. Legislation Cited: (CTH) Acts Interpretation Act 1902, s 29 (CTH) Corporations Act 2001, s 109X(1)(b) Cases Cited: CGU Workers' Compensation (Victoria) Limited v Carousel Bar Pty Ltd [1999] VSC 227; (1999) 151 FLR 270 Deputy Commissioner of Taxation v Contracts Synergies Administration Pty Ltd [2011] FCA 743 Dwyer v Canon Australia Pty Ltd [2007] SASC100 FP Leonard Advertising Pty Limited v KD Travel Services Pty Ltd (1993) 12 ACSR 136 Perpetual Nominees Limited v Masri Apartments Pty Ltd [2004] NSWSC 500, 49 ACSR 714 Re Future Life Enterprises Pty Limited (1994) 33 NSWLR 559 Re Pacific Mobile Phones Pty Ltd [2008] QSC 210; 26 ACLC 1882 Re Rustic Homes Pty Ltd (1988) 49 SASR 41; 13 ACLR 105 Von Risefer v Mainfreight International Pty Ltd [2009] VSCA 179; (2009) 25 VR 366 Category: Principal judgment Parties: 23 Harrington Street Pty Limited (Receivers Appointed) (plaintiff) Intercorp Estate Pty Limited (defendant) Representation: Counsel: J Bennett (plaintiff)