NSW Caselaw
New South Wales Supreme Court
CITATION : Gordon McNicol Finlay v John Edward Star & Ors; David Lewis Clout & Ors v Faxon No. 3 Limited [2001] NSWSC 1104 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 50089/99; 50047/00 HEARING DATE(S) : 24/04/01 to 26/04/01, 16/05/01, 25/07/01 & 26/07/01 JUDGMENT DATE : 6 December 2001
PARTIES : Gordon McNicol FINLAY v John Edward STAR & Ors; David Lewis CLOUT & Ors v Faxon No. 3 Limited JUDGMENT OF : Foster AJ at 1
Mr N. Cotman SC - Plaintiff COUNSEL : Mr. V.R. Gray - First defendant Mr C.R. Newlinds - Second defendant McCabe Terrill - Plaintiff Abbott Tout - First Defendant SOLICITORS : Andersen Legal - Second Defendant
CATCHWORDS : Plaintiff sues as Receiver of the Trust for Debenture Holders in Nambucca Investments and of assets of Nambucca secured under a Mortgage Debenture between Nambucca and the Trustee for Debenture Holders of that company. LEGISLATION CITED : Part 5.7B of the Corporations Law Fair Trading Act 1984 (NSW) DECISION : The plaintiff's claim against Faxon No. 3 Limited in proceedings No. 50047/2000 is dismissed and Faxon No. 3 Limited's cross-claims are also dismissed.; The plaintiff's claim in proceedings No. 50089/1999 against Mr Star, Nambucca and Lawnkin is also dismissed.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST CORAM: FOSTER AJ THURSDAY, 6 DECEMBER, 2001
50089/99 - Gordon McNicol FINLAY v John Edward STAR & Ors 50047/00 – David Lewis CLOUT & Ors v FAXON NO 3 LIMITED (formerly known as Snoco) JUDGMENT
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