Supreme Court
New South Wales
Medium Neutral Citation: Sydney Constructions & Developments Pty Ltd v Reynolds Private Wealth Pty Ltd [2016] NSWSC 1104 Hearing dates: 19 July 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Equity Before: Barrett AJA Decision: 1. Order that the statutory demand dated 7 March 2016 served on the plaintiff by the defendant be set aside.
2. Order that the defendant pay the plaintiff’s costs of the proceedings.Catchwords: CORPORATIONS – winding up – statutory demand – application for order setting aside – jurisdiction – need for s 459G application to be made not later than 21 days after service of statutory demand – statutory demand served by post – no party adduces evidence of time of receipt – whether plaintiff bound to adduce such evidence to establish jurisdictional fact – held plaintiff not so bound
CORPORATIONS – winding up – statutory demand – application for order setting aside – whether genuine dispute about existence of debtLegislation Cited: Acts Interpretation Act 1901 (Cth)
Conveyancing Act 1919 (NSW)
Conveyancing Amendment (Rule in Pigot’s Case) Act 2001 (NSW)
Corporations Act 2001 (Cth)
Evidence Act 1995 (NSW)
Judiciary Act 1903 (NSW)Cases Cited: Chaplin v Hicks [1911] 2 KB 786
D B Mahaffy and Associates Pty Ltd v Mahaffy [2010] NSWSC 881
David Grant & Co Pty Ltd v Westpac Banking Corporation [1995] HCA 43; 184 CLR 265
Derma Pharmaceuticals Pty Ltd v HSBC Bank Australia Ltd [2005] SASC 48; (2005) 188 FLR 373
Emhill Pty Ltd v Bonsoc Pty Ltd [2004] VSC 322; (2004) 50 ACSR 305
Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785
Five G Pty Ltd v Pinacle Funding Group Pty Ltd [2008] NSWSC 228; 216 FLR 188
Helkeast Pty Ltd v Metro Properties (ACT) Pty Ltd [2006] ACTSC 12
Henry Pigot’s Case (1614) 11 Co Rep 26(b); 77 ER 1177
Jones v Dunkel [1959] HCA 8; 101 CLR 298
Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28
R J & M Bezzina Pty Ltd v Saxby Bridge Mortgages Pty Ltd [2004] NSWCA 211
Re Ege Foods Australia Pty Ltd [2014] NSWSC 983; 286 FLR 439
Re Watson Road Moss Vale Developments Pty Ltd [2013] NSWSC 783
Scope Data Systems Pty Ltd v Goman as Representative of the Partnership BDO Nelson Parkhill [2007] NSWSC 278; 70 NSWLR 176Category: Principal judgment Parties: Plaintiff – Sydney Constructions & Developments Pty Ltd trading as Sydney Constructions & Developments Pty Ltd ACN 147 549 102
Defendant – Reynolds Private Wealth Pty Ltd trading as Reynolds Private Wealth Pty Ltd ACN 603 111 660Representation: Counsel:
Solicitors:
Plaintiff – D Nagle with P Madden
Defendant – PG Cutler
Plaintiff – Madison Marcus Law Firm
Defendant –Eakin McCaffery Cox
File Number(s): 2016/104589 Publication restriction: Nil
Judgment
-
BARRETT AJA: The plaintiff applies under s 459G of the Corporations Act 2001 (Cth) for an order setting aside a statutory demand…
Keep reading for free
Create a free CaseChat account to read Sydney Constructions & Developments Pty Ltd v Reynolds Priva... and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] NSWSC 1104
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the plaintiff was bound to adduce evidence of the time of receipt of the statutory demand to establish jurisdictional facts and whether there was a genuine dispute about the existence of the debt. The court found that the plaintiff was not bound to adduce such evidence, as it was the defendant's responsibility to challenge the court's jurisdiction. The court also found that there was a genuine dispute about the existence of the debt, as the defendant had provided evidence that the debt was being disputed. Consequently, the court set aside the statutory demand and dismissed the plaintiff's application.
In summary, the court held that the plaintiff was not required to provide evidence of the time of receipt of the statutory demand to establish jurisdictional facts. The court also found that there was a genuine dispute about the existence of the debt, and therefore, set aside the statutory demand and dismissed the plaintiff's application.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.