NSW Caselaw
New South Wales Supreme Court
CITATION : LawCover Pty Ltd v Swart [2007] NSWSC 306
HEARING DATE(S) : 02/04/07
JUDGMENT DATE : 5 April 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Summary judgment for plaintiff on claim for order setting aside statutory demand
CATCHWORDS : CORPORATIONS - winding up - statutory demand - application for order setting aside statutory demand - demand based on alleged judgment debt - no accompanying affidavit - where party serving demand had obtained money judgment against solicitor and declaration that solicitor's insurance responded - whether "judgment debt" owed by insurer to party serving demand
Bankruptcy Act 1966 (Cth), s.117 Corporations Act 2001 (Cth), ss.459E(3), 459G LEGISLATION CITED : Insurance Contracts Act 1984 (Cth), s.51 Supreme Court Act 1970, s.75 Uniform Civil Procedure Rules 2005, rule 13.1
David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 CASES CITED : Re Harrington Motor Co Ltd [1928] Ch 105 Swart v Carr; Swart v LawCover Pty Ltd [2006] NSWSC 1302 Victor Tunevitsch Pty Ltd v Farrow Mortgage Services Pty Ltd (1994) 14 ACSR 565
PARTIES : LawCover Pty Limited - Plaintiff Daniel Frederick Swart - Defendant
FILE NUMBER(S) : SC 1657/07
COUNSEL : Mr D.R. Pritchard - Plaintiff Defendant in person
SOLICITORS : Ebsworth & Ebsworth Lawyers - Plaintiff Defendant in person
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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