McLeod v Lane Cove Municipal Council [2020] NSWSC 1582

Supreme Court New South Wales

Medium Neutral Citation: McLeod v Lane Cove Municipal Council [2020] NSWSC 1582 Hearing dates: 7 November 2019 Decision date: 13 November 2020 Jurisdiction: Common Law Before: Ierace J Decision: 1. The summons filed 20 June 2019 is dismissed; 2. The plaintiff to pay the defendant's costs. Catchwords: APPEALS – appeal from the Local Court to the Supreme Court – whether a payable debt existed at the time of the commencement of the proceedings – whether s 553 of the Corporations Act 2001 (NSW) operated to convert the debt owed into a right of proof – where the debt is due two years after the issue of a certificate of completion for upgrade works – where the two-year period had not yet elapsed Legislation Cited: Corporations Act 2001 (Cth), ss 9, 471B, 553, 553D, 554, 554B Corporations Regulations 2001 (Cth), reg 5.6.44 Local Court Act 2007 (NSW), ss 39, 40, 41 Cases Cited: In the matter of Epitome Holdings Pty Ltd [2017] NSWSC 1533 Re National Express Group Australia (Swanston Trams) Pty Ltd v Smith (2004) 209 ALR 694; [2004] FCA 1155 Wallace-Smith v Thiess Infraco (Swanston) Pty Ltd (2005) 218 ALR 1; [2005] FCAFC 49 Category: Principal judgment Parties: David John McLeod (Plaintiff) Lane Cove Municipal Council (Defendant) Representation: Counsel: T Stuart (Plaintiff) J T Johnson (Defendant)

Solicitors: O'Neill Partners (Defendant) File Number(s): 2019/191450 Decision under appeal Court or tribunal: Local Court Jurisdiction: Civil Date of Decision: 23 May 2019 Before: Atkinson LCM File Number(s): 2018/99755