NSW Caselaw
New South Wales Supreme Court
CITATION : Cassegrain v Gerard Cassegrain & Co Pty Ltd [2008] NSWSC 1159
HEARING DATE(S) : 4-5 September 2008
JUDGMENT DATE : 4 November 2008
JUDGMENT OF : Sackville AJA
1.The first defendant pay the plaintiff's costs of the application for leave pursuant to s 237 of the Corporations Act. DECISION : 2. Order 1 be stayed until the final determination of Proceedings 4647/08 in the Equity Division of the Supreme Court, or until further order. 3. Upon the plaintiff giving to the Court the usual undertakings as to damages, by consent and without admissions, the second defendant be restrained from disposing of, further encumbering or otherwise dealing with her interests in the property described in Folio Identifiers 4/792413, 1/798316, 115/754434, 124/754434, 2/720827, 117/754434, 118/754434 and 174/754434.
CATCHWORDS : COSTS: Application for leave pursuant to s 237 of the Corporations Act 2001 (Cth) –awarded on a party party basis – order stayed until final determination of derivative proceedings
Corporations Act 2001 (Cth), ss 236, 237, 242 LEGISLATION CITED : Civil Procedure Act 2005: ss 56 (3), 98 Uniform Civil Procedure rules: Pt 42 - 42.1, 42.3,
CATEGORY : Consequential orders
CASES CITED : Knight v F P Special Assets Ltd (1992) 174 CLR 178
Denis Cassegrain (Plaintiff) PARTIES : Gerard Cassegrain & Co Pty Ltd (First Defendant) Claude Cassegrain (Second Defendant)
FILE NUMBER(S) : SC SC 6064/07
COUNSEL : Mr B W Collins QC, Mr G B Colyer (Plaintiff) Mr C J Bevan (Defendants)
SOLICITORS : McCabe Terrill, Sydney (Plaintiff) Evangelos Patakas & Associates, Sydney (Defendants)
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