Scope Data Systems Pty Ltd v Goman

Case [2007] NSWSC 278


Reported Decision:

210 FLR 161
(2007) 25 ACLC 721

New South Wales


Supreme Court


CITATION: Scope Data Systems Pty Ltd v David Goman as Representative of the Partnership BDO Nelson Parkhill [2007] NSWSC 278
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 14, 15 & 19/12/06, & 02/02/07
 
JUDGMENT DATE : 

18 April 2007
JURISDICTION: Equity Division
Corporations List
JUDGMENT OF: White J
DECISION: See paragraphs 112-115 of judgment.
CATCHWORDS: CORPORATIONS – Statutory demand – Service of documents – Application to set aside or vary statutory demand on grounds of offsetting claim by post – Whether application to set aside made within 21 days of service of statutory demand – Service of statutory demand under s 109X (CTH) Corporations Act – Where mail addressed to registered office diverted to post office box - Where evidence rebuts presumption in s 29 of (CTH) Acts Interpretation Act that statutory demand served in the ordinary course of post – Applicability of s160 of the (NSW) Evidence Act – Section 160 of the (NSW) Evidence Act not displaced by s 109X of (CTH) Corporations Act and s 29 of the Acts Interpretation Act (Cth) – No presumption that statutory demand received in post office box on fourth working day after posting where that was not the specified address – Whether receipt in post office box effective as service at registered office – Whether possible to rebut presumption of delivery in ordinary course of post if mail diverted to post office box - Held demand not served until taken to registered office after being collected from box – Plaintiff’s application to set aside statutory demand filed and served within time prescribed by s 459G (CTH) Corporations Act – Offsetting claim genuine. - (CTH) Corporations Act, ss 109X, 459G, 459H. - (CTH) Acts Interpretation Act, s 29. - (NSW) Evidence Act, s 160.
LEGISLATION CITED: Corporations Act 2001 (Cth)
Acts Interpretation Act 1901 (Cth)
Evidence Act 1995 (Cth)
Evidence Act 1995 (NSW)
Australian Postal Corporation (Performance Standards) Regulation 1998 (Cth)
Judiciary Act 1903 (Cth)
Building Construction Industry Security of Payment Act 1999 (NSW)
Legal Profession Act 1987 (NSW)
CASES CITED: David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87
Bayeh v Commissioner of Taxation (1999) 100 FCR 138
Deputy Commissioner of Taxation v Barroleg Pty Ltd (1997) 25 ACSR 167
Derma Pharmaceuticals Pty Ltd v HSBC Bank Australia Ltd (2005) 188 FLR 373
Howship Holdings Pty Ltd v Leslie (No 2) (1996) 41 NSWLR 542
Lane Cove Council v Geebung Polo Club Pty Ltd (2002) 41 ACSR 15
Perpetual Nominees Pty Ltd v Masri Apartments Pty Ltd (2004) 183 FLR 142; 49 ACSR 714; 22 ACLC 971
Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259
Odgers, Uniform Evidence Law, 6th ed, (2004) Sydney, Lawbook Co
Renouf v Renouf (1987) 93 FLR 256;…

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AGLC
Scope Data Systems Pty Ltd v Goman [2007] NSWSC 278
Case
[2007] NSWSC 278
Decision Date

CaseChat Overview and Summary

Scope Data Systems Pty Ltd filed an application against Goman in relation to a statutory demand that was served under the Corporations Act. The central issue in this case revolved around whether the statutory demand was effectively served and if the application to set it aside was made within the required time frame. Additionally, the court needed to determine if Goman had a genuine offsetting claim.

The court examined whether the statutory demand was validly served by post, considering that it was addressed to the registered office but ended up in a post office box. The presumption under the Acts Interpretation Act that the demand was served in the ordinary course of post was challenged. The court held that Section 160 of the Evidence Act was not overridden by other statutory provisions and that the presumption of service did not apply when the mail was diverted to a post office box rather than being delivered to the registered office. The court concluded that the demand was not considered served until it was physically taken to the registered office after being collected from the post office box. Moreover, the court found that Goman's application to set aside the statutory demand was both filed and served within the 21-day period stipulated by the Corporations Act, and that Goman had a genuine offsetting claim.

As a result of these findings, the court ruled in favor of Scope Data Systems Pty Ltd, allowing the application to set aside the statutory demand. The decision underscores the importance of proper service of statutory demands and the need to adhere strictly to the time frames and procedures prescribed by the Corporations Act.

Orders

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Background

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Evidence

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Decision

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