In the matter of Hengji Development Pty Ltd [2019] NSWSC 1515

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hengji Development Pty Ltd [2019] NSWSC 1515 Hearing dates: 5 September 2019 Date of orders: 05 September 2019 Decision date: 05 September 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: The creditor's statutory demand issued by the Defendant dated 5 April 2019 be set aside. The Defendant pay the Plaintiff's costs, limited to the costs of the hearing, as agreed or as assessed. Catchwords: CORPORATIONS – application to set aside a creditor's statutory demand – timing of service – where demand originally sent by registered post – where demand returned to sender by Australia Post – where demand later purportedly left at company's registered office address – where company's registered office address contained in block of units – where affidavit of service did not adequately specify where demand was left – where defendant concedes that if application to set aside demand was made within time then demand should be set aside – whether application was made within time. Legislation Cited: - Corporations Act 2001 (Cth) ss 109X, 109X(1)(a), 459G, 459J - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Bentley Smythe Pty Ltd v Anton Fabrications (NSW) Pty Ltd [2011] NSWSC 186 - Brand & Media Pty Ltd v Aeropack Australia Pty Ltd [2007] NSWSC 854; (2007) 212 FLR 357 - Career Training on Line Pty Ltd v BES Training Solutions Pty Ltd [2010] NSWSC 460 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - James v Ash Electrical Services Pty Ltd [2008] NSWSC 1112; (2008) 73 NSWLR 95 - Jin Xin Investment and Trade (Australia) Pty Ltd v ISC Property Pty Ltd [2006] NSWSC 7; (2006) 196 FLR 350 - Mangraviti Pty Ltd v Lumley Finance Ltd [2010] NSWSC 61 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Carbon and Energy Reductions Pty Ltd [2014] NSWSC 923 - Re Futre Developments Pty Ltd [2014] NSWSC 1712 - Re LDW Constructions Pty Ltd [2019] NSWSC 1159 - Woodgate v Garard Pty Ltd [2010] NSWSC 508 Category: Principal judgment Parties: Hengji Development Pty Limited (Plaintiff) Network Leasing Pty Ltd (Defendant) Representation: Counsel: S Scott (Plaintiff) B Phillips (Defendant)