Dornay Nominees Pty Ltd v Blackbutt Nominees Pty Ltd

The case of Dornay Nominees Pty Ltd versus Blackbutt Nominees Pty Ltd was heard in the Supreme Court of Western Australia. The dispute arose when Dornay Nominees issued a statutory demand to Blackbutt Nominees, seeking to wind up the latter company. Blackbutt Nominees responded by applying to set aside the statutory demand, arguing that the accompanying affidavit was made one day before the statutory demand was signed, and therefore, did not meet the requirement for contemporaneity of date. The court had to determine whether the statutory demand was validly issued, and if the accompanying affidavit could be considered valid despite the one-day difference in dates.

The primary legal issue was whether the statutory demand and the accompanying affidavit must be dated contemporaneously. The court examined the statutory requirements for issuing a statutory demand under the Corporations Act 2001 and the relevant case law that had previously addressed the issue of the timing of the affidavit. The court also considered the difference in the forms of the statutory demand and affidavit, and whether this discrepancy affected the validity of the demand.

The court found that the statutory demand and affidavit did not need to be dated contemporaneously, but the affidavit had to be made before the statutory demand was served. The one-day difference did not invalidate the demand, as the affidavit was made before the demand was served, which was the critical factor. The court also noted that the difference in the forms of the statutory demand and affidavit did not affect the validity of the demand. The court held that the statutory demand was validly issued, and the application to set aside the demand was dismissed.

As a result of the court's decision, the statutory demand issued by Dornay Nominees remained in effect, and Blackbutt Nominees was not granted relief from the winding up proceedings. The court's judgment clarified the requirements for issuing a valid statutory demand and the accompanying affidavit, and provided guidance for future cases involving similar issues.