In the matter of Armcor Heating and Cooling Pty Ltd

Armcor Heating and Cooling Pty Ltd was the subject of a winding-up application by a creditor, who had served a statutory demand in Victoria. The respondent argued that the statutory demand was invalid as it was served in Victoria, but the address for service was specified in New South Wales. The Supreme Court of Victoria was tasked with determining whether the statutory demand was a nullity due to this discrepancy and whether the requirements for winding up in insolvency were met.

The central issue before the court was whether the statutory demand was invalid due to being served in a jurisdiction other than where the respondent's address for service was specified. The court needed to determine if this discrepancy rendered the statutory demand a nullity and, if not, whether the creditor had satisfied the requirements to apply for the winding up of the respondent in insolvency.

The court found that the statutory demand was not a nullity because it was validly served upon the respondent, even though it was served in Victoria instead of New South Wales. The court held that the requirement for service of the statutory demand was satisfied by actual service on the respondent, regardless of the location. Furthermore, the court determined that the creditor had satisfied the requirements for winding up in insolvency, as the statutory demand was valid, the debt remained unpaid, and the respondent was unable to pay its debts. Consequently, the court made an order for the winding up of Armcor Heating and Cooling Pty Ltd in insolvency.