Alam v Quest Enterprises [2006] NSWSC 752

New South Wales Supreme Court

CITATION : Alam v Quest Enterprises [2006] NSWSC 752

HEARING DATE(S) : 17/07/06, 18/07/06

JUDGMENT DATE : 28 July 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

DECISION : See para 44 of judgment.

CATCHWORDS : PRACTICE & PROCEDURE – Plaintiffs obtained judgment against first defendant in proceedings 4284/04 – Consent orders stipulated that execution of judgment stayed upon certain conditions – Conditions included that defendants proceed expeditiously with foreshadowed cross-claim and comply with earlier orders of Court – Consent orders only partially complied with – Further consent orders stipulated that defendants' cross-claim stayed until provision by defendants of security for plaintiffs' costs and compliance by defendants with earlier orders of Court – Further consent orders not complied with – Application by defendants for end of stay on cross-claim and for stay on enforcement of judgment obtained by plaintiffs against first defendant – Whether stay of defendants' cross-claim should be lifted or varied – Whether plaintiffs prevented from enforcing judgment – Defendants' applications dismissed - CORPORATIONS – Winding-up – Plaintiffs (2534/06) sought winding-up of defendant – Whether service of statutory demand or winding -up application was in breach of consent orders staying execution of judgment obtained in proceedings 4284/04 – Order that plaintiffs entitled to proceed with winding-up application – Application to set aside statutory demand not proceeded with - Whether defendant entitled to leave pursuant to s 459S Corporations Act 2001 (Cth) to oppose winding-up application on grounds that could have been relied upon if an application had been duly made to set aside statutory demand– s 459S considered – Grant of leave to defendant refused.