Quitstar Pty Ltd v Cooline Pacific Pty Ltd

Quitstar Pty Ltd (the applicant) sought to set aside a statutory demand issued by Cooline Pacific Pty Ltd (the respondent). The applicant contended that the statutory demand was invalid because it referred to a repealed section of the Corporations Act 2001 (Cth). The appeal concerned the validity of the statutory demand and whether an appeal from a single judge's decision on such a matter lay as of right.

The primary legal issues before the Court of Appeal were whether the statutory demand, by referencing a repealed provision, was a nullity and therefore invalid, and whether the appeal to the Court of Appeal was an appeal as of right or required leave.

The Court of Appeal held that the statutory demand was not a nullity. It reasoned that the reference to the repealed section was a mere irregularity and did not render the demand fundamentally defective, particularly as the substance of the demand and the applicant's obligations were otherwise clear. The Court further determined that an appeal from a single judge's decision in this context was not an appeal as of right, and leave to appeal was required. Having found no error in the single judge's decision and no basis for granting leave, the Court dismissed the appeal.

The appeal was dismissed with costs.