Service on registered office good enough
The High Court’s decision in Future Sustainable Construction Limited v 1st Piler Limited [2026] NZHC 2871 is a reminder that the timeframes under the Companies Act 1993 (Act) for responding to a statutory demand are strict and cannot be extended, and that the Courts will not entertain any application to set aside a statutory demand where it is made out of time.
Future Sustainable Construction Limited (FSC) applied for an order setting aside 1st Piler Limited’s (1P) statutory demand, arising from an adjudicator’s determination under the Construction Contracts Act 2002.
On 19 December 2026, 1P had served the statutory demand at FSC’s registered office, but it was only brought to the attention of an employee of FSC on 23 December 2025. FSC applied to set the demand aside outside the period allowed for doing so under the Act.
FSC argued the demand was not properly served by leaving it at the registered office but rather when it was brought to the employee’s attention.
1P had properly served the statutory demand by leaving it at FSC’s registered office, being a proper method of service as permitted by the Act. Service of a statutory demand in this manner does not need to be on a person, so leaving the demand at the registered office was valid.
Because FSC applied to set aside the statutory demand outside the prescribed period under the Act, its application was treated as if it were never made.
This case is a reminder that a debtor company is considered served when it receives documents by any method permitted by the Act when that method is carried out, and that companies must have systems in place to receive any served items in time. If you wish to know more, please contact a member of our construction & projects team.
Thanks to Special Counsel Jonathan Forsey and Senior Solicitor Mohammed Hamid for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
