NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Pellarini v Bicher & Son Pty Ltd [2024] NSWSC 223 Hearing dates: 20 February 2024 Date of orders: 07 March 2024 Decision date: 07 March 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The summons is dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: CIVIL PROCEDURE — Preliminary discovery — whether plaintiff may have a claim for relief – where plaintiff asserted the defendant company may have failed to comply with its taxation obligations – whether, if established, asserted failures capable of justifying winding up of the defendant company Legislation Cited: Corporations Act 2001 (Cth), ss 232, 421, 461 Uniform Civil Procedure Rules 2005 (NSW), r 5.3 Cases Cited: In the matter of Bicher & Son Pty Ltd [2020] NSWSC 711 In the matter of Bicher & Son Pty Ltd [2020] NSWSC 878 O'Connor v O'Connor [2018] NSWCA 214 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360 Hatfield v TCN Channel Nine Pty Ltd (2010) 77 NSWLR 506 Morton v Nylex Ltd [2007] NSWSC 562 Telstra Corporation Ltd v Minister for Broadband, Communications and the Digital Economy (2008) 166 FCR 64 Category: Principal judgment Parties: Paul Pellarini (Plaintiff) Bicher & Son Pty Ltd (Defendant) Representation: Counsel: R Anderson (Plaintiff) R Francois (Defendant)
Solicitors: Addisons (Plaintiff) Brown Wright Stein (Defendant) File Number(s): 2023/00217380 Publication restriction: None
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