Homeward Bound Export Cherry Project Pty Ltd v Farm Working Hands Pty Ltd [2012] NSWCA 447

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Homeward Bound Export Cherry Project Pty Ltd v Farm Working Hands Pty Ltd [2012] NSWCA 447 Hearing dates: 12 December 2012 Decision date: 12 December 2012 Before: Allsop P at [1], [20] Macfarlan JA at [19] Decision: 1. Order 1 made by the Supreme Court on 9 July 2012 be varied by omitting $108,253.06 and in its place inserting $101,873.06. 2. Application for leave to appeal be dismissed with costs. 3. Notice of Appeal otherwise filed be dismissed. [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: LEAVE TO APPEAL - corporations - setting aside statutory demand - no sufficient ground of error identified - no question of principle Legislation Cited: Corporations Act 2001 (Cth), s 459G, s 459H Cases Cited: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Financial Solutions Australasia Pty Limited v Predella Pty Limited [2002] WASCA 51; 167 FLR 106 Lee v New South Wales Crime Commission [2012] NSWCA 262 Category: Principal judgment Parties: Homeward Bound Export Cherry Project Pty Ltd (Applicant) Farm Working Hands Pty Ltd (Respondent) Representation: M D Hourigan, solicitor (Applicant) J H Stephenson (Respondent) Lee Hourigan & Brooks (Applicant) Flynns Solicitors (Respondent) File Number(s): 2012/285804 Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 764 Date of Decision: 2012-07-09 00:00:00 Before: Black J File Number(s): 2011/370352