Intelogent Pty Ltd v Onthego Group Pty Ltd

The case of Intelogent Pty Ltd v Onthego Group Pty Ltd involved a winding up application filed by Intelogent against Onthego Group, alleging insolvency. The Federal Court was tasked with deciding whether Onthego Group failed to comply with a statutory demand within the required timeframe under s 459F of the Corporations Act 2001. The core legal issues centred around whether the statutory demand was properly served and whether the demand was met within the stipulated period.

The court addressed the issue of service under s 109X of the Corporations Act and s 28A of the Acts Interpretation Act 1901. Intelogent argued that the statutory demand was deemed served upon posting, in line with s 28A, and that this method of service was sufficient. Onthego Group contended that s 109X exclusively governed service on companies, thereby excluding the applicability of s 28A. The court found that s 109X, while providing a specific method of service, does not exclude the general service provisions of s 28A. This reasoning aligns with the interpretation in Polstar, where it was held that service can be deemed effective if made in a way contemplated by either s 109X or s 28A. As the statutory demand was served on 10 February 2021 and the demand was satisfied on 1 March 2021, the court concluded that the statutory demand was met within the required timeframe, and no presumption of insolvency arose.

The court dismissed the winding up application, as the statutory demand was satisfied within the requisite period. The court also ordered that Intelogent pay Onthego Group's costs of the proceedings. The hearing scheduled for 18 March 2021 was vacated as a result of the dismissal.