Dubow v Fitness First Australia Pty Ltd [2011] NSWCA 401

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dubow v Fitness First Australia Pty Ltd [2011] NSWCA 401 Hearing dates: On papers Decision date: 16 December 2011 Before: Campbell JA at [1] Meagher JA at [1] Decision: Application for leave to appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORPORATIONS - statutory demands - application under s 459G Corporations Act 2001 (Cth) for order setting aside statutory demand - whether demand validly served in absence of an affidavit verifying debt - whether that was "some other reason" for the purposes of s 459J(1)(b) Corporations Act that the demand should be set aside

CORPORATIONS - statutory demands - application under s 459G Corporations Act 2001 (Cth) for order setting aside statutory demand - existence of "genuine dispute" about the debt claimed - whether that was "some other reason" for the purposes of s 459J(1)(b) Corporations Act that the demand should be set aside

APPEAL - where multiple reasons for decision below, any one of which would have been sufficient - where one or more of such reasons not appealed against

COSTS - indemnity costs - where manifestly hopeless defence - where Calderbank offer made Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785; (1994) 12 ACLC 669 Fitness First Australia Pty Ltd v Dubow [2011] NSWSC 531 Fitness First (Australia) Pty Ltd v Dubow [2011] NSWSC 605 Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 Category: Principal judgment Parties: Yolande Victoria Frances Dubow (Applicant) Fitness First Australia Pty Ltd (Respondent) Representation: Self Represented (Applicant) Kent Attorneys (Respondent) File Number(s): 2010/421992 Decision under appeal Jurisdiction: 9111 Citation: Fitness First Australia Pty Ltd v Dubow [2011] NSWSC 531 Fitness First (Australia) Pty Ltd v Dubow [2011] NSWSC 605 Date of Decision: 2011-06-03 00:00:00 Before: Ward J File Number(s): 2010/421992