Corporations Case Law Update: 24 April 2012

The Federal Court has handed down its judgment in Deputy Commissioner of Taxation, Re Manta’s on the Beach Pty Ltd v Manta’s on the Beach Pty Ltd [2012] FCA 417 (24 April 2012) a Corporations case, following is a catchword summary:

CORPORATIONS – Winding up – Statutory demand – Whether there was compliance with the statutory requirements for postal service pursuant to the Corporations Act 2001 (Cth) s 109X  – The statutory demand was sent by the Commissioner although it was never received at company’s registered office: Held that there was non–compliance with s 109X.

EVIDENCE – Statutory presumptions pursuant to the Evidence Act 1995 (Cth) ss 160 and 163 and Acts Interpretation Act 1901 (Cth) s 29 as to service of documents on companies by post – Statutory presumptions as to time of service where document posted to registered office – There was only generic evidence led of postal delivery times to support the presumption and no express evidence of non–receipt. Held the presumption was rebutted.

CORPORATIONS – Insolvency – Whether a company is insolvent pursuant tothe Corporations Act 2001 (Cth) s 95A where no evidence was led by the Commissioner as to the resources a company may command in a reasonable time to meet debts already due and such as may fall due. Held failure to prove insolvency. 

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