Zipvac Australia Pty Ltd v Ivan James Hurwitz

In the case of Zipvac Australia Pty Ltd v Ivan James Hurwitz, the plaintiff sought an order setting aside a statutory demand under section 459C of the Corporations Act 2001 (Cth). The plaintiff, a company, had issued a statutory demand to the defendant, Ivan James Hurwitz, a natural person, to pay an undisputed debt of $122,000 within 21 days. Hurwitz applied to the Federal Court to set aside the demand on the basis that it had not been properly served. The Federal Court was tasked with determining whether the statutory demand had been served in accordance with the relevant provisions of the Corporations Act.

The court examined whether the statutory demand and supporting affidavit were served on Hurwitz within the 21-day period, as required by section 459G(3) of the Corporations Act. The plaintiff argued that the statutory demand and supporting affidavit were sent by registered post to Hurwitz's post office box, which was listed in the demand. However, the court held that the service was insufficient as it did not comply with the requirement to serve the documents on Hurwitz personally or at his solicitor's office. The court noted that there was no evidence that the documents were received by Hurwitz and that service at a post office box was not equivalent to personal service or service at a solicitor's office.

The Federal Court concluded that the statutory demand had not been validly served on Hurwitz within the 21-day period, as required by section 459G(3) of the Corporations Act. Consequently, the court granted Hurwitz's application to set aside the statutory demand. The court held that the service of the statutory demand and supporting affidavit was invalid because it did not comply with the statutory requirements. As a result, the statutory demand was set aside, and Hurwitz was not required to pay the debt.