NSW Caselaw
New South Wales Supreme Court
CITATION : D B Mahaffy & Associates Pty Ltd v Mahaffy [2010] NSWSC 609
JUDGMENT DATE : 8 June 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
1. Order that the defendant's interlocutory process filed on 24 May 2010 be dismissed. DECISION : 2. Direct that any further affidavits to be relied on by the plaintiff be filed and served by 16 June 2010. 3. Direct that any further affidavits to be relied on by the defendant be filed and served by 24 June 2010. 4. Direct that the proceedings be placed in the Corporations Judge's directions list on 28 June 2010 with a view to allocation of a hearing date for the originating process.
CATCHWORDS : PROCEDURE - application by defendant for summary dismissal of plaintiff's application for order setting aside statutory demand - question whether service effected before statutory deadline - apparently conflicting evidence - summary dismissal refused
LEGISLATION CITED : Corporations Act 2001 (Cth), s 459G
CATEGORY : Procedural and other rulings
David Grant & Co Pty Ltd v Westpac Banking Corporation [1995] HCA 43: (1995) 184 CLR 265 CASES CITED : Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 National Australia Bank Ltd v Rusu [1999] NSWSC 539; (1999) 47 NSWLR 309
PARTIES : D B Mahaffy & Associates Pty Ltd - Plaintiff Jeffrey Mahaffy - Defendant
FILE NUMBER(S) : SC 2010/092009
COUNSEL : David Mahaffy, Director of Plaintiff in person Jeffrey Mahaffy - Defendant in person
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