Quarter Enterprises Pty Ltd v Allardyce Lumber Company Ltd [2011] NSWSC 1031

Supreme Court New South Wales

Medium Neutral Citation: Quarter Enterprises Pty Ltd v Allardyce Lumber Company Ltd [2011] NSWSC 1031 Hearing dates: Wednesday, 17 August 2011 Decision date: 17 August 2011 Before: White J Decision: Refer to para [26] of judgment. Catchwords: CORPORATIONS - statutory demand - application to set aside statutory demand - where statutory demand for judgment debt arising from registration of foreign judgment under Part 2 of the Foreign Judgments Act 1991 (Cth) - where plaintiffs have applied to have the registration of the foreign judgment set aside - where application to have registration of foreign judgment set aside not determined - circumstances analogous to case where statutory demand based on judgment debt and there is a pending appeal which has not been determined and no order staying execution of judgment - arguable grounds for setting aside registration of judgment - there is some other reason to set aside demand if the debt claimed is secured by payment into court or by other means - statutory demand set aside on the condition that plaintiff pay sum claimed in statutory demand into court or otherwise provide an assurance of payment by way of bank guarantee Legislation Cited: Foreign Judgments Act 1991 (Cth) Cases Cited: Portrait Express (Sales) Pty Ltd v Kodak (Australasia) Pty Ltd [1996] NSWSC 199; (1996) 20 ACSR 746 Barclays Australia (Finance) Ltd v Mike Gaffikin Marine Pty Ltd (1996) 21 ACSR 235 Eumina Investments Pty Ltd v Westpac Banking Corporation [1998] FCA 824; (1998) 84 FCR 454 Midas Management Pty Ltd v Equator Communications Pty Ltd [2007] NSWSC 759; (2007) 25 ACLC 1038 Cranney Farm Pty Ltd v Corowa Fertilizers Pty Ltd [2011] NSWSC 9 Timberland Property Holdings Pty Ltd v Schindler Lifts Australia Pty Ltd [2011] NSWSC 466 Allardyce Lumbar Company Ltd v Quarter Enterprises Pty Ltd [2010] NSWSC 807 Mendikwae Ltd v El-Mezin [2000] QSC 56 Standard Commodities Pty Ltd v Societe Socinter Department Centragel [2005] NSWSC 294; (2005) 23 ACLC 1175 Category: Interlocutory applications Parties: Quarter Enterprises Pty Ltd (Plaintiff) Allardyce Lumber Company Ltd (Defendant) Representation: P Barham (Plaintiff) V Thomas (Defendant) Hayes Partners (Plaintiff) Jackson Lalic Lawyers (Defendant) File Number(s): 2011/99700