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NSW Statement of Claim - Not Served at Registered Office - What to Do?

Discussion in 'Commercial Law Forum' started by Naomi W, 16 March 2016.

  1. Naomi W

    Naomi W Member

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    Please help...

    What is the next step I need to make? I have discovered that the Registered Office is not the same as the Principal Place of Business.

    A Statement of Claim was served on the Principal Place of Business. When I attempted to follow this up with an Affidavit of Service & Notice of Motion - Default Judgement for Liquidated Claim, I received notification that my Motion was rejected as follows:
    ---

    Notice of Motion – Default Judgment is Refused.
    The affidavit of service filed does not state whether the statement of claim was served at the
    registered office (mandatory). If plaintiff has served the claim to the registered office, an affidavit of
    service should be refiled with words to the effect of "served to the registered office".

    ----

    It doesn't state what to do if it wasn't served on the Registered Office. Timeliness is of the essence here, so any help would be appreciated under commercial law as I am unable to afford a solicitor to assist in this matter.

    Thank you.
     
  2. Naomi W

    Naomi W Member

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    Can I re-send the Statement of Claim, which contains the Principal Place of Business as the address of the Defendant, to the Registered office, without making an amendment to the Statement of Claim? The initial SoC was served more than 28 days ago...
     
  3. Serge Gorval

    Serge Gorval Well-Known Member

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    Take a look at s109X of corps act.

    How did you serve the original SOC? Delivery in person? Post?
     
  4. Tim W

    Tim W Lawyer

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    Is it actually a Statement of Claim, or is it a ("mere") Letter of Demand?
     

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