Residents Against Improper Development Incorporated v Chase Property Investments Pty Ltd [2006] NSWSC 623

New South Wales Supreme Court

CITATION : Residents Against Improper Development Incorporated v Chase Property Investments Pty Ltd [2006] NSWSC 623

HEARING DATE(S) : 19/06/06

JUDGMENT DATE : 23 June 2006

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Application under s.459G of Corporations Act dismissed. Defendant to pay plaintiff's costs on the indemnity basis.

CATCHWORDS : ASSOCIATIONS AND CLUBS - incorporated association - winding up - unavailability of both s.459E and s.585(a) of Corporations Act to create presumption of insolvency - PROCEDURE - costs - where defendant served on incorporated association a document purporting to be a statutory demand - where plaintiff pointed out inapplicability of Corporations Act provisions and invited withdrawal of document - no withdrawal - plaintiff compelled to protect position by instituting proceedings - whether defendant should pay plaintiff's costs - whether assessment on indemnity basis should be ordered

LEGISLATION CITED : Associations Incorporation Act 1984 Corporations Act 2001 (Cth), ss.459C, 459E, 459G, 459H, 459J, 583, 585(a)

Emhill Pty Ltd v Bonsoc Pty Ltd (2004) 50 ACSR 305 Oshlack v Richmond River Council (1988) 193 CLR 72 CASES CITED : Ottway v Jones [1955] 1 WLR 706 QBE Workers Compensation (NSW) Limited v Wandiyali ATSI Inc (2004) 62 NSWLR 117 Verna Trading Pty Ltd v New India Assurance Co Ltd [1991] 1 VR 129

PARTIES : Residents Against Improper Development Incorporated - Plaintiff Chase Property Investments Pty Limited - Defendant

FILE NUMBER(S) : SC 2602/06