LJAW Enterprises Pty Ltd v RJK Enterprises Pty Ltd

LJAW Enterprises Pty Ltd brought an application against RJK Enterprises Pty Ltd, seeking to set aside a statutory demand that was issued as part of winding up proceedings. The case was heard in the Federal Circuit Court of Australia. The central issue in the case was whether the application to set aside the statutory demand was validly served, and whether the statutory demand itself complied with the necessary legal requirements.

The first legal issue was whether the unsealed copy of the application to set aside the statutory demand, which was faxed to the respondent's solicitors after 5pm on the last day for service, constituted a valid application as required under s 459G(3) of the Corporations Act 2001. The second issue was whether the statutory demand was valid, given that the affidavit accompanying it was not signed on every page, thus failing to comply with s 459E(3)(b) of the Act.

The court held that the application to set aside the statutory demand was not validly served because it did not meet the statutory requirements for service. The unsealed copy of the application was faxed outside the permissible time frame and did not bear a return date or file number, which are essential elements for a valid application. Additionally, the statutory demand itself was invalid because the accompanying affidavit was not signed on every page, contrary to the statutory requirements. The court declined to make any declaration and dismissed the application to set aside the statutory demand.

The court ordered that the application to set aside the statutory demand dated 11 February 2004 be dismissed, and that the respondent should have its costs of the application. The court also noted that the respondent should bear the costs of the application, subject to any contrary submissions.