NSW Caselaw
New South Wales Supreme Court
CITATION : Mabrouk Pty Ltd v Sunshine Stainless Steel Pty Ltd [2006] NSWSC 569
HEARING DATE(S) : 09/06/06
JUDGMENT DATE : 9 June 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 06/09/2006
DECISION : Application for order setting aside statutory demand dismissed. Plaintiff to pay defendant's costs on the indemnity basis.
CATCHWORDS : CORPORATIONS - winding up - creditor's statutory demand - application for order setting aside - affidavit in support of application contains bald assertion of genuine dispute - affidavit fails to give any evidence whatsoever of indicating nature of and basis for genuine dispute - PROCEDURE - costs - indemnity costs - where plaintiff persists with unsustainable claim after defects clearly drawn to its attention
LEGISLATION CITED : Uniform Civil Procedure Rules, rules 7.1(2) and (3)
Elm Financial Services Pty Ltd v McDougal [2004] NSWSC 560 CASES CITED : Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397 Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 Oshlack v Richmond River Council (1998) 193 CLR 72
PARTIES : Mabrouk Pty Limited - Plaintiff Sunshine Stainless Steel Pty Limited - Defendant
FILE NUMBER(S) : SC 6482/05
COUNSEL : Mr J. Cernigoi in person as director of plaintiff Mr A. Iuliano - Defendant
SOLICITORS : Mr J. Cernigoi in person as director of plaintiff Colin Biggers & Paisley - Defendant
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