In the matter of Saracen Holdings Pty Ltd [2013] NSWSC 1083

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Saracen Holdings Pty Ltd [2013] NSWSC 1083 Hearing dates: Tuesday 9 July 2013 Decision date: 09 July 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that the originating process be dismissed, with costs assessed in the sum of $7500 Catchwords: CORPORATIONS - Winding up - application for order setting aside statutory demand - judgment debt - default judgment - application to set aside default judgment unsuccessful - notice of intention to appeal lodged - judgment not stayed - whether statutory demand should be set aside for some other reason - considerations in determining whether pendency of appeal constitutes some other reason

CORPORATIONS - Winding up - application for order setting aside statutory demand - judgment debt - application to set aside default judgment unsuccessful - notice of intention to appeal lodged - Graywinter principle - where supporting affidavit made no reference to appeal - whether appeal from dismissal of application to set aside a default judgment is within scope of what was notified by the affidavit Legislation Cited: (Cth) Corporations Act 2001, s 459G, s 459H, s 459J(1)(b) Cases Cited: Aberdeen Group Pty Limited v Bluestone Property Services Pty Limited [2011] NSWSC 137; Barclays Australia (Finance) Limited v Mike Gaffikin Marine Pty Limited (1996) 21 ACSR 235 Cranney Farm Pty Limited v Corowa Fertilizers Pty Ltd [2011] NSWSC 9 Eagle Homes Pty Limited v LED Builders Pty Limited [1999] NSWSC 1049 In the matter of World Square Realty [2013] NSWSC 307 Midas Management Pty Limited v Equator Communications Pty Ltd [2007] NSWSC 759 Nazloomian v Commonwealth Bank of Australia Limited [2013] NSWSC 681 Numina Investments Pty Ltd v Westpac Banking Corporation (1998) 84 FCR 454 Scope Data Systems Pty Limited v BDO Nelson Parkhill [2003] NSWSC 137 Timberland Property Holdings Pty Ltd v Schindler Lifts Pty Ltd [2011] NSWSC 466 Category: Principal judgment Parties: Saracen Holdings Pty Limited (plaintiff) Walter Nazloomian (defendant) Representation: Counsel: Mr D Massey (plaintiff - solicitor) Mr P Bolster (defendant) Solicitors: Daniel Massey Solicitor & Consultant (plaintiff) Frank Legal (defendant) File Number(s): 13/ 12310