Aquaqueen International Pty Ltd v Weber [2014] NSWCA 101

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Aquaqueen International Pty Ltd v Weber [2014] NSWCA 101 Hearing dates: 20/03/2014 Decision date: 20 March 2014 Before: Beazley P at [24]; Emmett JA at [1] Decision: (1) Summons seeking leave to appeal dismissed with costs. (2) Order 2 of the notice of motion filed 17 March 2014 refused and, to that extent, 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: COSTS - cost assessment scheme - enforcement of cost certificates - recovery of costs of the cost assessment process

PROCEDURE - judgments and orders - whether judgment obtained irregularly pursuant to the Uniform Civil Procedure Rules 2005 - whether judgment should be set aside on a discretionary basis

PROCEDURE - judgments and orders - in general - failure to be notified of judgment - whether prejudice thereby caused

CORPORATIONS - winding up - statutory demand under s 459E, Corporations Act 2001 (Cth) - failure to comply with statutory demand - application for order setting aside statutory demand Legislation Cited: Corporations Act 2001 (Cth), ss 459C, 459E, 459F, 459G Cases Cited: Kassem & Anor v Koutavas [2012] NSWSC 236 Category: Principal judgment Parties: Aquaqueen International Pty Ltd (ACN 094 129 389) (Applicant) Wolfgang Weber (Respondent) Representation: Counsel: Applicant (represented with leave by its director, S Penson) D Klineberg (Respondent) Solicitors: MSB Lawyers (Respondent) File Number(s): 2013/283534 Publication restriction: No Decision under appeal Citation: [2013] NSWSC 1181 Date of Decision: 2013-09-05 00:00:00 Before: Garling J File Number(s): 2012/370802 2012/392186