In the matter of AXL Financial Pty Ltd [2019] NSWSC 867

Supreme Court New South Wales

Medium Neutral Citation: In the matter of AXL Financial Pty Ltd [2019] NSWSC 867 Hearing dates: 25 June 2019 Decision date: 11 July 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Finding that, for the purposes of s 459G of the Corporations Act, a copy of the application to set aside the Demand and a copy of the supporting affidavit was not served within 21 days – in consequence, no basis for rectification of register to remove record of winding up application is established. Orders made directing the parties as to conduct for giving effect to this judgment. Catchwords: CORPORATIONS – separate question – application to set aside a creditor's statutory demand – where application filed in Family Court registry – where delay in allocation of a return date and providing sealed copies of application – where application purportedly served on defendant without a court seal or return date – whether service was effected – whether basis to remove record of winding up application is established. Legislation Cited: - Corporations Act 2001 (Cth) ss 58AA, 459F(1), 459G, 459G(3), 459G(3)(b), 459S, 1322, 1322(4)(b) - Family Law Rules 2004 (Cth) rr 5.01(2), 5.01(6), 24.05 25.02 - Federal Court (Corporations) Rules 2000 (Cth) r 2.3 Cases Cited: - Adhesive Pro Pty Ltd v Blackrock Supplies Pty Ltd [2015] ACTSC 288 - Australian Foods Company Pty Ltd v O'Donnell [2002] WASC 129 - Benonyx Pty Ltd v Fetrona Pty Ltd [1999] NSWSC 1181 - Cooloola Dairys Pty Ltd v National Foods Milk Ltd [2004] QSC 308; [2005] 1 Qd R 12 - Craneford Nominees Pty Ltd v VGC Co-operative Ltd (2012) 262 FLR 283 - David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 - Kay v Playup Australia Pty Ltd (2018) 131 ACSR 532 - LJAW Enterprises Pty Ltd v RJK Enterprises Pty Ltd [2004] QSC 134 - Newsnet Pty Ltd v Patching [2011] NSWSC 690 - Opensoft Australia Pty Ltd v Miller Street Pty Ltd [2011] FCA 653 - PCM Nominees (WA) Pty Ltd v ACN 063 291 430 Pty Ltd [2017] FCA 848 - Re Webster Consolidated (Holdings) Pty Ltd [2016] NSWSC 376 - Vicbar Pty Ltd v Development Constructions (Newcastle) Pty Ltd (1995) 13 ACLC 1220 Category: Procedural and other rulings Parties: Gordon Leslie Slater (Plaintiff) AXL Financial Pty Ltd (Applicant/Defendant) Australian Securities and Investments Commission (Respondent) Representation: Counsel: T Sperber (Solicitor) (Applicant) R Scheelings (Respondent)