Lewis v Nortex Pty Ltd (In Liquidation) [2011] NSWSC 220

Supreme Court New South Wales

Medium Neutral Citation: Lewis v Nortex Pty Ltd (In Liquidation) [2011] NSWSC 220 Decision date: 17 March 2011 Before: White J Decision: 1. Order that the appeals from the orders made by Associate Justice Macready on 9 November 2010 dismissing the statutory appeals brought by Peter and Nicolette Lewis and Nortex Co Pty Ltd be allowed and that those orders be discharged. 2. Order that the appeal from the order of Associate Justice Macready of 9 November 2010 dismissing the statutory appeal brought by Kation Pty Ltd be dismissed. 3. Order that the costs orders made by Associate Justice Macready on 9 November 2010 in relation to the notice of motion of 24 August 2010 between Lamru Pty Ltd and the Statutory Appellants (Peter and Nicolette Lewis and Nortex Pty Ltd) be discharged. Catchwords: PRACTICE AND PROCEDURE - appeal from orders dismissing statutory appeals from determination by liquidator of proof of debts for want of due despatch pursuant to r 12.7 Uniform Civil Procedure Rules - where basis of dismissal of appeals for want of prosecution was that appellants had shown no willingness to pursue appeals - failure to take into account material considerations - no evidence that parties did not wish to pursue statutory appeals - no evidence of prejudice to the parties from the delay - all parties content for proceedings to remain in abeyance - orders for dismissal discharged Cases Cited: In the matter of Nortex Pty Ltd, 9 November 2010, unreported, no medium neutral citation) House v R [1936] HCA 40; (1936) 55 CLR 499 Stollznow v Calvert [1980] 2 NSWLR 749 Hoser v Hartcher [1999] NSWSC 527 Category: Interlocutory applications Parties: Peter Lawrence Lewis (Plaintiff) Nortex Pty Ltd (In Liquidation) (Defendant) File Number(s):