NSW Caselaw
New South Wales Supreme Court
CITATION : Williams v Bearing Traders Pty Ltd [2008] NSWSC 1358
HEARING DATE(S) : 26/11/08
JUDGMENT DATE : 19 December 2008
JURISDICTION : Common Law Division
JUDGMENT OF : Kirby J
(1) The appeal is dismissed. DECISION : (2) The plaintiff to pay Bearing Traders' costs of the appeal. (3) In respect of the reserved costs on the Notice of Motion before Associate Justice Malpass, the plaintiff (Williams) should have 70% of the costs of the Motion.
CATCHWORDS : Appeal against Magistrate's decision - person acting as Director when not appointed - incurring debts when company insolvent - liable for debts - questions of law - whether no evidence - whether mistake of fact infected reasoning - issues of mixed fact and law - presumption of continuance when acting as Director before and after period when debts incurred.
LEGISLATION CITED : Corporations Act 2001 Local Courts Act 1982
CATEGORY : Principal judgment
CASES CITED : Re Valleys Rugby League Football Club Ltd [1997] 2 Qd R 645
PARTIES : Gary Alexander Williams (Pl/App) Bearing Traders Pty Ltd (Def/Resp)
FILE NUMBER(S) : SC 2008/12456
COUNSEL : K Morrissey (Pl/App) D A Allen (Def/Resp)
SOLICITORS : Aitken Lawyers Pty Ltd (Pl/App) Catalyst Legal (Def/Resp)
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : S Freund LCM
LOWER COURT DATE OF DECISION : 6 May 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
David Kirby J
Friday 19 December 2008
2008/12456 Gary Alexander WILLIAMS v BEARING TRADERS PTY LTD (ACN 000 975 191)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate