Emhill Pty Ltd v Bonsoc Pty Ltd

Emhill Pty Ltd filed a statutory demand against Bonsoc Pty Ltd, alleging a debt of $14,868.50. Bonsoc contested the demand, arguing that the statutory demand was not validly served as required under the Corporations Act 2001 (Cth). The Federal Circuit and Family Court of Australia was tasked with determining the validity of the service of the statutory demand and, if valid, ordering Bonsoc to pay the amount claimed by Emhill.

The primary legal issue before the court was whether the statutory demand was correctly served on Bonsoc. Bonsoc contended that the statutory demand was not a "copy" as required by the Corporations Act, as it was the original document that was served. The court needed to interpret the statutory requirement and determine whether serving an original document satisfies the statutory requirement of serving a "copy." The court considered the plain language of the relevant statutory provision and the purpose of the statutory demand regime.

The court held that the plain language of the Corporations Act 2001 (Cth), s.109X(1)(b) did not mandate that a "copy" of the statutory demand be served, but rather that the statutory demand itself be served. Given that the original document was served on Bonsoc, the court found that the statutory demand was validly served. The court dismissed Bonsoc's contention that the statutory demand was invalid due to the form of service. Consequently, the court ordered Bonsoc to pay the amount claimed by Emhill, plus interest and costs.