NSW Caselaw
New South Wales Court of Appeal
CITATION: W & P REEDY PTY LIMITED v MACADAMS BAKING SYSTEMS (PTY) LTD [2007] NSWCA 146
HEARING DATE(S): 28 May 2007
JUDGMENT DATE: 19 June 2007
JUDGMENT OF: Beazley JA; Santow JA; Campbell JA
DECISION: Leave to appeal granted. Appeal dismissed with costs.
CATCHWORDS: CORPORATIONS – Challenge to statutory demand on basis of an offsetting claim pursuant to s459H of the Corporations Act 2001 – claim rejected essentially on basis found by trial judge – observations affirming that the intended summary process afforded by statutory demands will not be achieved if appeals are brought having insufficient prospects of success.
LEGISLATION CITED: Corporations Act 2001 (Cth) s459H Supreme Court Act 1970 s45(4)
Elm Financial Services Pty Ltd v MacDougal [2004] NSWSC 560 CASES CITED: Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Macleay Nominees Pty Ltd v Belle Property East Pty Ltd [2001] NSWSC 743 No. 96 Factory Bargains Pty Ltd v Kershel Pty Ltd [2003] NSWSC 146
PARTIES: W & P REEDY PTY LIMITED (Appellant) MACADAMS BAKING SYSTEMS (PTY) LTD (Respondent)
FILE NUMBER(S): CA 40082/07
COUNSEL: M J WARD (Appellant) J E LAZARUS (Respondent)
SOLICITORS: Home Wilkinson Lowry, Lawyers (Appellant) Arnold Bloch Leibler (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 3566/06
LOWER COURT JUDICIAL OFFICER: Barrett J
LOWER COURT DATE OF DECISION: 14 February 2007
LOWER COURT MEDIUM NEUTRAL CITATION: [2007] NSWSC 75
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40082/07 SC 3566/06
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