In the matter of Dyldam Developments Pty Limited [2019] NSWSC 1518

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Dyldam Developments Pty Limited [2019] NSWSC 1518 Hearing dates: 16 September 2019 Date of orders: 16 September 2019 Decision date: 16 September 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Originating Process filed by the Plaintiff on 31 July 2019 be dismissed. The Plaintiff pay the Defendant's costs of the application, as agreed or as assessed. Catchwords: CORPORATIONS – application to set aside a creditor's statutory demand – separate question – identification of date of service of statutory demand – where chief financial officer received statutory demand day after the delivery date recorded in tracking receipt – whether application to set aside statutory demand was filed and served within time.

COSTS – application for costs on an indemnity basis – whether indemnity costs should be ordered. Legislation Cited: - Corporations Act 2001 (Cth) ss 109X, 459G, 459H, 459J - Evidence Act 1995 (NSW) s 136 Cases Cited: - Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 - Gerard Cassegrain & Co Pty Ltd v Cassegrain [2013] NSWCA 453; (2013) 87 NSWLR 284 - Pearlburst Pty Ltd v Summers Resort Group Pty Ltd [2007] NSWSC 1126 - Re Edifice Australia Pty Ltd [2017] NSWSC 1620 - Re Futre Developments Pty Ltd [2014] NSWSC 1712; (2014) 292 FLR 256 - Shaolin Temple Foundation (Australia) Ltd [2016] NSWSC 804 Category: Principal judgment Parties: Dyldam Developments Pty Limited (Plaintiff) Jeongwoon Yoon trading as Ideal Partners (Defendant) Representation: Counsel: D Ratnam (Plaintiff) D Krochmalik (Defendant)