NSW Caselaw
New South Wales Supreme Court
CITATION : Cedars Concrete Services v Maatouk [2006] NSWSC 884
HEARING DATE(S) : 30 August 2006
JUDGMENT DATE : 30 August 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 08/30/2006
DECISION : Agreement to compromise claimed debt entered. No debt owing to plaintiff in winding up proceedings. Declaration accordingly made.
CATCHWORDS : CORPORATIONS – winding up – statutory demand – no application made to set aside statutory demand – before hearing of winding up application, litigation seeking a declaration that debt on which statutory demand is based is not owing brought on for hearing – finding that debt not owing – whether appropriate to make a declaration to that effect – CONTRACT – formation of contract – whether contract to compromise claimed debt had been entered – decision on this topic turns on own facts
LEGISLATION CITED : Corporations Act 2001 (Cth) Legal Profession Act 1987
Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 CASES CITED : Braams Group Pty Ltd v Miric (2002) 44 ACSR 124 B Seppelt & Sons v Commissioner of Main Roads (1975) 1 BPR 9147
PARTIES : Cedars Concrete Services Pty Limited - Plaintiff Peter Maatouk - Defendant
FILE NUMBER(S) : SC 2841/06
COUNSEL : S Golledge - Plaintiff I Todd - Defendant
SOLICITORS : Uther Webster Evans - Plaintiff Maatouks Law Group - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST
CAMPBELL J
WEDNESDAY 30 AUGUST 2006
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