In the matter of New Wilkie Energy Group Limited

New Wilkie Energy Group Limited brought an application to set aside a statutory demand against it. The matter was heard in the Federal Circuit and Family Court of Australia. The primary issue before the Court was whether it had jurisdiction to hear the application, given that it was not filed and served within the statutory time limit. The applicant argued that the delay was due to circumstances beyond its control, and it had acted promptly once it became aware of the statutory demand.

The Court considered whether it had the discretion to extend the time limit under section 459H(4) of the Corporations Act 2001. The Court noted that the provision allows for an extension of time if it is satisfied that there are exceptional circumstances that justify the delay. However, the Court found that the applicant had not demonstrated any exceptional circumstances that warranted an extension of time. The Court held that the delay was due to the applicant's failure to take prompt action, and it was not satisfied that the delay was caused by circumstances beyond the applicant's control. Accordingly, the Court dismissed the application to set aside the statutory demand.

The Court found that it did not have jurisdiction to hear the application because it was not filed and served within the statutory time limit, and there were no exceptional circumstances that justified the delay. The Court dismissed the application and made no orders as to costs.