NSW Caselaw
New South Wales Supreme Court
CITATION : Treadwell v Hickey [2009] NSWSC 1395
HEARING DATE(S) : 23/11/09, 24/11/09, 25/11/09, 26/11/09
JUDGMENT DATE : 16 December 2009
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Proceeding dismissed with costs.
CATCHWORDS : PROFESSIONS AND TRADES - accountants - accountant in private practice retained by group of companies - alleged breach of retainer and negligence - scope of retainer - whether accountant required to act otherwise than on clients' instructions and information given by clients - whether breaches when payroll tax registration not obtained by client and business activity statements not lodged by client - CONTRACT - alleged breaches of contract concerning laptop computer and loan - no matter of principle - CORPORATIONS - winding up - winding up in insolvency - automatic set-off under Corporations Act s 553C(1) - set-off inoperative under s 553C(2) if person seeking it had notice of fact of insolvency at time of giving or receiving credit - need for insolvency to be proved to activate s 553C(2) - insolvency not proved - EQUITY - general principles - assignments in equity - assignment of legal chose in action - where assignee of causes of action commences proceedings before notice of assignment given to the defendant - assignor not made a party to the proceedings at inception - but later joined - whether recovery of common law remedy by assignee precluded - PROCEDURE - joinder of parties - application at start of trial by plaintiff equitable assignee to join assignor as party - application opposed by defendant - application granted
Conveyancing Act 1919, s 12 LEGISLATION CITED : Corporations Act 2001 (Cth), ss 95A, 436A, 553C Limitation Act 1969, s 63(2)
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