In the matter of Boss Engineering (NSW) Pty Limited [2017] NSWSC 1334

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Boss Engineering (NSW) Pty Limited [2017] NSWSC 1334 Hearing dates: 18, 25 September 2017 Date of orders: 03 October 2017 Decision date: 03 October 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Defendant estopped from disputing that service was not effected until 29 June 2017 or that the originating process was filed within time Catchwords: CORPORATIONS – external administration – winding up – winding up in insolvency – creditor's statutory demand – application to set aside – separate question as to whether plaintiff's application is time-barred – where plaintiff filed originating process outside twenty-one day period – where defendant ought to have dispelled applicant of mistaken belief as to date of service – held, defendant estoppel from disputing that originating process was filed within time. Legislation Cited: (CTH) Corporations Act 2001, s 109X(1)(a), s 459G Cases Cited: Commonwealth v Verwayen (1990) 170 CLR 394 Crabb v Arun District Council [1976] Ch 179 Grundt v Great Boulder Gold Mines Limited (1937) 59 CLR 641 Thompson v Palmer (1933) 49 CLR 507 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387 Category: Principal judgment Parties: Boss Engineering Pty Limited (P) Chief Commissioner of State Revenue (D) Representation: Counsel: N. Bobos, director, by leave (P) D. Krochmalik (D)

Solicitors: Stacks Champion (D) File Number(s): 2017/ 221013