NSW Caselaw
New South Wales Supreme Court
CITATION : ACN 001 891 103 Pty Ltd v Reiby Street Apartments Pty Ltd [2007] NSWSC 1345
HEARING DATE(S) : 12/11/07
JUDGMENT DATE : 13 November 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 13 November 2007
DECISION : Originating process dismissed with costs.
CATCHWORDS : CORPORATIONS – Statutory demand – Portion of debt owed a judgment debt – Appeal from judgment pending – Application to set aside under s 459J(1)(b) for "some other reason" – Where Court of Appeal granted stay of execution of judgment on terms that plaintiff provide security within 21 days and plaintiff did not comply with terms – Held no sufficient "other reason" within meaning of s 459J(1)(b) – Application dismissed.
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW) Corporations Act 2001 (Cth)
Barclays Australia (Finance) v Mike Gaffikin Marine Pty Ltd (1996) 21 ACSR 235 Scope Data Systems Pty Ltd v BDO Nelson Parkhill (2003) 199 ALR 56 CASES CITED : Midas v Equator (2007) 25 ACLC 1038; [2007] NSWSC 759 Eumina Investments Pty Ltd v Westpac Banking Corporation (1998) 84 FCR 454 Meehan & Ors v Glazier Holdings Pty Ltd (2005) 53 ACSR 229
ACN 001 891 103 Pty Ltd PARTIES : v Reiby Street Apartments Pty Ltd
FILE NUMBER(S) : SC 4827/07
COUNSEL : Plaintiff: I G Roberts Defendant: J M White
SOLICITORS : Plaintiff: Sachs Gerace Lawyers Defendant: J S Mueller & Co
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