Cornick Pty Ltd v Brains Master Corporation

In the matter of Cornick Pty Ltd v Brains Master Corporation, the court was asked to determine the validity of a legal service executed at the registered office of a company. The dispute arose when Brains Master Corporation served a legal document on Cornick Pty Ltd outside of normal business hours, specifically at 5.01pm, and Cornick argued that this was ineffective. The case was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether the service of legal documents on a company at its registered office after normal business hours was valid and effective. Cornick contended that service outside normal business hours was ineffective, while Brains Master Corporation argued that the service was valid as per the statutory provisions. The court had to interpret the relevant statutory provisions and determine the precise moment when the service was completed.

The court found that the statutory provision allowed for service outside normal business hours as long as the document was delivered to the registered office. The court held that the time of delivery was the critical factor, and since the document was delivered within the business premises at 5.01pm, the service was effective. The court dismissed Cornick's argument that service after 5.00pm was ineffective. The reasoning was based on the clear wording of the statute which did not restrict service to specific hours, provided the document reached the registered office.

The court ordered that the service of the legal document on Cornick Pty Ltd by Brains Master Corporation was valid and effective. Cornick's argument was rejected, and Brains Master Corporation was entitled to proceed with its legal action. The ruling clarified the interpretation of statutory provisions concerning the service of documents on a company at its registered office.