ESP Entertainment Pty Limited v Double Image Design and Print Management Pty Limited [2006] NSWDC 80

New South Wales District Court

CITATION: ESP Entertainment Pty Limited v Double Image Design and Print Management Pty Limited [2006] NSWDC 80

HEARING DATE(S): 23 February 2006

JUDGMENT DATE: 18 May 2006

JUDGMENT OF: Rolfe DCJ

DECISION: 1. Insofar as the defendant has sought to dismiss the plaintiff's claim pursuant to Part 13 Rule (4)(1) or to strike it out pursuant to Part 14 Rule 14.28, I dismiss such application.; 2. Order the Plaintiff/Cross Defendant to file and serve a defence to the cross-claim within 7 days.; 3. Direct the solicitors for the parties with carriage of the matter to confer in person within 14 days with a view to resolving all outstanding discovery issues which are in dispute between the parties.; 4. Reserve the question of costs; 5. Liberty to Apply on 48 hours notice.; 6. Stand matter over for directions before me on Thursday 8 June 2006 at 9.30am.

CATCHWORDS: Corporations Act 2001 - Statutory Scheme for Winding Up - Section 459E Demand - Whether adverse determination against Debtor under s 459H operated as a Res Judicata preventing Debtor from pursuing proceedings in the District Court

LEGISLATION CITED: Corporations Act 2001 (Cth)

Blair v Curran (1939) 62 CLR 464 David Grant & Co Pty Limited v Westpac Banking Corporation (1995) 184 CLR 265 CASES CITED: Switz Pty Limited v Slowbind Pty Ltd (2000) 48 NSWLR 661 Elias v Pascoe (2006) NSW CA 110 at 58 Day v Victorian Railways Commissioners (1949) 78 CLR 62 at 91 Fancourt v Mercantile Credits Limited (1983) 154 CLR 87 at 99

PARTIES: ESP Entertainment Pty Limited (Plaintiff/Cross Defendant) Double Image Design and Print Management Pty Limited (Defendant/Cross Claimant)