NSW Caselaw
District Court New South Wales
Medium Neutral Citation: DebtCo Pty Ltd v Sayed & Ors [2024] NSWDC 18 Hearing dates: 12 February 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [33] Catchwords: CIVIL PRACTICE & PROCEDURE – application for summary dismissal CORPORATIONS – asserted action by an assignee against directors or officers of a deregistered former corporate debtor and an asserted accessory Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) District Court Act 1973 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bakewell v Anchorage Capital Master Offshore Ltd [2019] NSWCA 199 Barnes v Addy (1874) LR 9 Ch App 244 Foss v Harbottle (1843) 67 ER 189 Gerard Cassegrain & Co Pty Ltd (in liq) v Cassegrain [2013] NSWCA 455 Kinsela v Russell Kinsela Pty Ltd (1986) 4 NSWLR 722 Saloman v Saloman [1897] AC 22 The Bell Group Ltd (in liq) v Westpac Banking Corporation (No.9) [2008] WASC 239 Walker v Wimborne (1976) 137 CLR 1 Texts Cited: Nil Category: Procedural rulings Parties: DebtCo Pty Ltd (Plaintiff) Mr Abdul Sayed (First Defendant) Ms Georgina Makke (Second Defendant) Academy of Aesthetics Pty Ltd (Third Defendant) Representation: Counsel: S Fisher (Plaintiff) A Rizk (Second and Third Defendants)
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