NSW Caselaw
New South Wales Supreme Court
CITATION : Scott MacRae Investments Pty Limited & Anor v Baylily Pty Limited & Ors [2010] NSWSC 174
HEARING DATE(S) : 5/03/10
JUDGMENT DATE : 12 March 2010
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
DECISION : Parties to bring in short minutes of order. Plaintiffs are entitled to the relief sought in prayers 1 (d), (e) and (f) of the amended summons.
CATCHWORDS : Practice and procedure - Application for orders by way of judgment on admissions under UCPR rule 17.7 and/or seeking summary judgment under rule 13.1 - Applications for judicial advice - Power in Court to grant judgment upon admissions discretionary - Court not bound to act upon admissions - Remedy of declaration of right ordinarily granted as final relief in a proceeding - Costs - Indemnity costs - Delinquency emanating from defendants conduct
Acts Interpretation Act 1901 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 LEGISLATION CITED : First Corporate Law Simplification Act 1995 (Cth) Fringe Benefits Tax Assessment Act 1986 (Cth) Interpretation Act 1987 Trustee Act 1925
CATEGORY : Procedural and other rulings
Australian Broadcasting Commission v Australian Performing Right Association Ltd (1973) 129 CLR 99; (1973) 47 ALJR 526 Baylily Pty Ltd, Re [2010] NSWSC 6 Bluescope Steel Ltd (formerly BHP Steel Ltd) v Australian Workers' Union, NSW [2004] NSWIRComm 222; (2004) 137 IR 176 Friend v Brooker [2009] HCA 21; (2009) 239 CLR 129 Hide and Skin Trading Pty Ltd v Oceanic Meat Traders Ltd (1990) 20 NSWLR 310 CASES CITED : Lemery Holdings Pty Limited v Reliance Financial Services Pty Limited [2008] NSWSC 1344 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Meehan v Glazier Holdings Pty Limited (2002) 54 NSWLR 146 Termijtelen v Van Arkel [1974] 1 NSWLR 525 Wagstaff v Fitzpatrick (1922) 39 WN (NSW) 137 Warramunda Village Inc v Pryde [2001] FCA 61, (2001) 105 FCR 437 Wright, In re [1895] 2 Ch 747
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