NSW Caselaw
New South Wales Supreme Court
CITATION : Lipa v Metabolic & Anor [2006] NSWSC 997
HEARING DATE(S) : 23 August 2006
JUDGMENT DATE : 27 September 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The plaintiff's notice of motion filed 5 May 2006 is dismissed; (2) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Summary judgment on part of claim - dishonoured cheque
Bills of Exchange Act 1909 (Cth) Bills of Exchange Amendment Act 1986 (Cth) - s 3(2) Cheques Act 1986 (Cth) - ss 3, 10, 18, 27, 28 LEGISLATION CITED : Cheques and Payment Orders Act 1986 Civil Procedure Act 2005 (NSW) - s 100 Sale of Goods Act 1923 (NSW) - s 54 Uniform Civil Procedure Rules 2005 (NSW) - 13.1(1)
Buying Systems (Aust) Pty Ltd v Tien Mah Litho Printing Co (Pte) Ltd [1986] 5 NSWLR 317 CASES CITED : Inflatable Toy Company Pty Ltd v State Bank of New South Wales Ltd (1994) 34 NSWLR 243 In re Deveze 1878 Chancery Appeals
Lipa Pharmaceuticals Limited - Plaintiff PARTIES : Metabolic Research Pty Limited - First Defendant Craig Stephen Leonard - Second Defendant
FILE NUMBER(S) : SC 10838/2006
COUNSEL : Mr S J Burchett - Plaintiff Mr D A Allen - Defendants
SOLICITORS : Home Wilkinson Lowry, Lawyers - Plaintiff Linde Business Law - Defendants
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
WEDNESDAY, 27 SEPTEMBER 2006
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