In the matter of Lanart Homes Pty Ltd

Lanart Homes Pty Ltd was the subject of a winding up application by a creditor who issued a statutory demand. The court had to determine whether the demand was validly served. The primary issue was whether the creditor had proven that the statutory demand was served by post and whether there was evidence that proper postage had been applied. If these criteria were not met, the presumption of insolvency arising from non-compliance with the statutory demand could not be established.

The court examined the evidence presented by the creditor regarding the service of the statutory demand. The creditor argued that the statutory demand was sent by registered post, but did not provide evidence that proper postage had been applied. The court held that the creditor's failure to provide such evidence meant that it had not proven that the statutory demand was served by post. Consequently, the presumption of insolvency arising from non-compliance with the statutory demand could not be established. The court dismissed the winding up application.

The court emphasised the importance of strict compliance with the statutory requirements for service of a statutory demand, particularly in relation to proof of postage. The court found that the creditor's failure to provide evidence of proper postage meant that the statutory demand could not be deemed to have been properly served. As a result, the presumption of insolvency did not arise and the winding up application was dismissed.