J and K Homes Pty Ltd v Evans Lawyers

J and K Homes Pty Ltd sought to set aside a statutory demand issued by Evans Lawyers, with the case being heard in the Supreme Court of Queensland. The primary issue was whether the court had jurisdiction to determine the application to set aside the statutory demand, given that the application was not made within the 21-day period prescribed by s 459G of the Corporations Act 2001 (Cth). Specifically, the applicant argued that the 21-day period did not include public holidays, weekends, and the Christmas period, thereby asserting that their application was timely. Conversely, the respondent contended that the 21-day period did encompass public holidays, weekends, and the Christmas period, suggesting that the application was late and the court lacked jurisdiction.

The court addressed the interpretation of s 459G and considered whether the 21-day period should exclude non-business days. It held that the statutory language did not support the exclusion of public holidays, weekends, or the Christmas period, thereby affirming that the 21-day period included these days. Consequently, the applicant's failure to file the application within the statutory timeframe resulted in the court lacking jurisdiction to hear the application to set aside the statutory demand. The court also considered the alternative provisions under s 53 of the Queensland Civil and Administrative Tribunal Act 2009, determining that the matter should be transferred to the Queensland Civil and Administrative Tribunal.

The court dismissed the application to set aside the statutory demand and the other specified paragraphs of the originating application. It also ordered that the proceeding be transferred to the Queensland Civil and Administrative Tribunal as per s 53 of the Queensland Civil and Administrative Tribunal Act 2009. Finally, the applicant was directed to pay the respondent's costs on a standard basis until 24 January 2017, and thereafter on an indemnity basis.