In the matter of Healthy Industries Pty Ltd [2018] NSWSC 1172

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Healthy Industries Pty Ltd [2018] NSWSC 1172 Hearing dates: 23 July 2018 Date of orders: 31 July 2018 Decision date: 31 July 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. The separate question as to whether the plaintiff's application under s 459G to set aside the statutory demand issued by the defendant was served within time should be answered "no". 2. Costs of the determination of the separate question are the defendant's costs in the cause. 3. List the matter for further directions before Black J at 10 am on 6 August 2018. Catchwords: CORPORATIONS – application under s 459G of the Corporations Act 2001 (Cth) to set aside creditor's statutory demand – where company alleges non-receipt of statutory demand – separate question as to whether application to set aside statutory demand was served within the requisite 21 day period Legislation Cited: Acts Interpretation Act 1901 (Cth), s 29 Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), ss 5F, 109X, 459G Evidence Act 1995 (NSW), s 160 Justice Legislation Amendment Act 2018 (NSW) Strata Schemes Management Act 2015 (NSW), s 8 Cases Cited: David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265; [1995] HCA 43 Deputy Commissioner of Taxation v Meredith [2007 ] NSWCA 354; (2007) 229 FLR 243 Dwyer v Canon Australia Pty Ltd [2007] SASC 100 Gabriel Hotels Pty Ltd v Corlita Pty Ltd [2010] NSWSC 826 Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund [1996] FCA 822; (1996) 70 FCR 452; (1996) 21 ACSR 581 In the matter of Complete Investing Services Pty Ltd (in liq) [2018] NSWSC 1003 In the matter of Leasing Holdings Pty Ltd (formerly Charlie Lovett Pty Ltd) [2015] NSWSC 771 Mann v Goldstein [1968] 1 WLR 1091 Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 Partners of Piper Alderman v Sharjade Pty Ltd [2011] NSWSC 6 Pearlburst Pty Ltd v Summers Resort Group Pty Ltd [2007] NSWSC 1126 Re Ege Foods Australia Pty Ltd [2014] NSWSC 983 Scope Data Systems Pty Ltd v David Goman as Representative of the Partnership BDO Nelson Parkhill (2007) 70 NSWLR 176; [2007] NSWSC 278 Sydney Constructions & Developments Pty Ltd v Reynolds Private Wealth Pty Ltd [2016] NSWSC 1104 Treadtel International Pty Ltd v Cocco [2016] NSWCA 360 Workers Compensation Nominal Insurer v Lozito-Strada Pty Ltd [2013] FCA 625 Category: Procedural and other rulings Parties: Healthy Industries Pty Ltd (Plaintiff) The Owners - Strata Plan No 58208 (Defendant) Representation: Counsel: RW Killalea (Plaintiff) DF Elliott (Defendant)