1 order, 1 proceedings

You may bring one proceedings to set aside multiple different statutory demands, according to a decision handed down on Friday by the Full Court of the South Australian Supreme Court.

This would save you significant costs, time and anxiety!

The case involved statutory demands (“SD”) being served by Heirloom on Sante for c$235k and by Dandelion on Sante for c$73k.

Sante applied to the Court in one proceedings for one order, seeking that both statutory demands be set aside under sections 459H and 459J Corporations Act.

The Full Court said this was permissible subject to meeting the following:

(1) Sante has to meet the requirements of section 459G (ie apply within the 21 day time period); and

(2) the one order sought needs to be capable of being read across both SD’s.

The wording of the order sought read as follows:

“An order that the statutory demands both dated 19 August 2016, served by the first defendant and second defendant upon the plaintiff, be set aside or varied (Section 459H(1)(a) or (b) and/or Section 459J(1)(a) and/or (b).”

What do you think?

Would you trust a 1 order, 1 proceedings approach to setting aside multiple statutory demands?

Case link: https://jade.io/j/#!/article/592729

#SVVoidables #supremecourt

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