NSW Caselaw
New South Wales District Court
CITATION: HP & CJ Sweeney Pty Ltd v CA Hill & Associates Pty Ltd [2006] NSWDC 82
HEARING DATE(S): 6,7,8,& 21 September 2006
JUDGMENT DATE: 20 October 2006
JUDGMENT OF: Williams DCJ at 1
DECISION: Verdict for the plaintiff in the sum of $65,857.72. Defendant to pay plaintiff's costs.
CATCHWORDS: Accountants - registered office of company - receipt of documents for company - duty of care - statutory notice of demand - winding up petition - need to alert company officers other than by mail - damages
Evidence Act s160 LEGISLATION CITED: Civil Liability Act s5B,s5O(1) Corporations Act (Cwlth) s142
Briginshaw v Briginshaw (1938) 60 CLR 336 Bannister v Walton (1993) 30 NSWLR 699 Allianz v Woodfast (2003) NSWSC 587 Lane Cove Council v Geebung Polo Club #2 (2002) NSWSC 118 CASES CITED: Fancourt v Mercantile Credit Ltd (1983) 154 CLR 87 Hawkins V Clayton (1988) 164 CLR 539 Rogers v Whittaker (1992) 175 CLR 479 Hayden v NRMA Ltd (2000) 51 NSWLR 1 Tai v Hatzistavrou (1999)NSWCA 306
PARTIES: H P & C J Sweeney Pty Ltd C A Hill & Associates Pty Ltd
FILE NUMBER(S): 5297/05
COUNSEL: Mr Reoch for Plaintiff Mr Gambi for Defendant
SOLICITORS: John Dowling Solicitor Wooton & Kearney Insurance Lawyers
IN THE DISTRICT COURT No. 5297/05 OF NEW SOUTH WALES Coram: Judge J S Williams AT SYDNEY Date: 20th October 2006
BETWEEN: H.P & C.J SWEENEY Pty Ltd. Plaintiff AND: C.A HILL & Associates Pty Ltd. Defendant
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