Perpetual Nominees Ltd v Masri Apartments Pty Ltd

The case of Perpetual Nominees Ltd v Masri Apartments Pty Ltd involved a dispute over the effectiveness of a statutory demand served by post to an old address of the defendant on the day before a notice of change of address of the registered office took effect. The matter was before the Federal Court of Australia, which was required to determine whether the service of the statutory demand was effective under the Corporations Act 2001 (Cth). The defendant argued that the statutory demand was not validly served because it was addressed to the old address, and the change of address had been notified the next day.

The central legal issue before the court was whether the service of the statutory demand was effective despite being sent to the old address on the day before the change of address became effective. The court needed to consider the provisions of the Corporations Act 2001 (Cth) and relevant case law to determine the appropriate interpretation of service under the statute. Specifically, the court examined sections 459H and 459I, which govern the service of statutory demands, and whether the service complied with the statutory requirements.

The Federal Court held that the statutory demand was validly served. The court reasoned that, according to section 459H of the Corporations Act 2001 (Cth), a statutory demand is deemed to have been served when it is left at the registered office of the defendant, or when it is sent by post to the last known address of the defendant. In this case, the statutory demand was sent by post to the old address on the day before the change of address became effective. The court concluded that the statutory demand was effectively served because it was sent to the last known address of the defendant before the change of address took effect. The court further held that the statutory demand was validly served as it was posted on the day before the change of address became effective.

The court's decision resulted in the statutory demand being deemed validly served, which allowed the proceedings to continue. The court did not make any further orders in this regard, as the primary issue of service was resolved in favour of the plaintiff.