In the matter of LDW Constructions Pty Limited [2019] NSWSC 1159

Supreme Court New South Wales

Medium Neutral Citation: In the matter of LDW Constructions Pty Limited [2019] NSWSC 1159 Hearing dates: 11 July 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Application to set aside creditor's statutory demand be dismissed. Orders as to costs made. Catchwords: CORPORATIONS – application to set aside a creditor's statutory demand – preliminary question – where statutory demand served at address of company's registered office – where statutory demand did not immediately come to attention of accounts manager – whether statutory demand was filed within time – whether court has jurisdiction to deal with application. Legislation Cited: - Corporations Act 2001 (Cth) ss 109X, 459G, 459J, 459H, 459S - Evidence Act 1995 (NSW) s 136 Cases Cited: - Chief Commissioner of State Revenue v Boss Constructions (NSW) Pty Ltd [2018] NSWCA 270 - David Grant & Co Pty Ltd v Westpac Banking Corporation [1995] HCA 43; (1995) 184 CLR 265 - Faji (Australia) Constructions Pty Ltd v AC Professional Accounting Pty Ltd [2009] NSWSC 180 - Mangraviti Pty Ltd v Lumley Finance Ltd [2010] NSWSC 61 - Piast Enterprises Pty Ltd v Toorallie Holdings Pty Ltd [2010] ACTSC 116 - TQM Design & Construct Pty Ltd v KCL Developments Pty Ltd [2011] NSWCA 7 - Woodgate v Garard Pty Ltd [2010] NSWSC 508 Category: Principal judgment Parties: LDW Constructions Pty Limited (Plaintiff) Dane Constructions Pty Limited (Defendant) Representation: Counsel: S Blackman (Plaintiff) G P Gee (Defendant)