D B Mahaffy & Associates Pty Ltd v Mahaffy [2011] NSWSC 673

Supreme Court New South Wales

Medium Neutral Citation: D B Mahaffy & Associates Pty Ltd v Mahaffy [2011] NSWSC 673 Decision date: 29 June 2011 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [24], [31], [35], and [36] of judgment Catchwords: CORPORATIONS - statutory demand - application to set aside statutory demand - where plaintiff appeared through a solicitor and sought adjournment - adjournment refused - where a solicitor for plaintiff had no instructions to appear in the proceedings - where no satisfactory explanation for no appearance for plaintiff - originating process dismissed with costs

CORPORATIONS - practice and procedure - notice of motion - where director seeks leave to be joined personally as party to proceedings to set aside statutory demand - director not a proper plaintiff to set aside statutory demand

CORPORATIONS - practice and procedure - where director appeared personally for company - company required to appear by a solicitor or can appear by director if director himself a plaintiff - director not entitled as of right to appear on behalf of plaintiff - Uniform Civil Procedure Rules r 7.1(2) and (3)

COURTS AND JUDGES - bias - disqualification - apprehended bias - where after hearing complaint made of bias - where judge has decided previous applications adversely to complainant or his interests - where no objection taken to judge hearing application at time - where plaintiff's claim dismissed for non-appearance - remaining issue concerning costs - judge refuses to disqualify himself from dealing with remaining issue Legislation Cited: Corporations Act 2001 (Cth) Civil Procedure Act 2005 Cases Cited: JSBG Developments Pty Ltd v Kozlowski [2009] NSWSC 1128; (2009) 75 NSWLR 745 DB Mahaffy & Associates Pty Ltd v Mahaffy [2010] NSWSC 881 Mahaffy v Mahaffy [2010] NSWSC 1358 Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225 Re JRL; Ex parte CJL (1986) 161 CLR 342 Category: Interlocutory applications Parties: D B Mahaffy & Associates Pty Ltd (Plaintiff) Jeffrey Mahaffy (Defendant) Representation: R Watson (Solicitor for Plaintiff) In person (Defendant) File Number(s): 2010/429076 2011/108012