Distinctive FX9 Pty Limited v Statewide Developments Pty Limited [2013] NSWCA 110

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Distinctive FX9 Pty Limited v Statewide Developments Pty Limited [2013] NSWCA 110 Hearing dates: 26 April 2013 Decision date: 26 April 2013 Before: Barrett JA at [1], [20], [22] Ward JA at [21] Emmett JA at [2] Decision: The Court orders that the notice of motion filed on 10 January 2013 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.] Legislation Cited: Corporations Act 2001 (Cth) Civil Procedure Act 2005 Real Property Act 1900 Trustee Act 1925 Category: Interlocutory applications Parties: Distinctive FX9 Pty Limited (CAN 158634327) (Appellant) Statewide Developments Pty Limited (CAN 080404842) (In liquidation) (receivers and managers appointed) (Respondent) Representation: Counsel: D K L Raphael (Appellant) N A Cotman SC; J Hyde (Respondent) Solicitors: DC Legal (Appellant) Mills Oakley (Respondent) File Number(s): CA 2012/00210989 Decision under appeal Citation: [2012] NSWSC 616 Date of Decision: 2012-06-08 00:00:00 Before: Pembroke J File Number(s): 2012/42109