Passion Projects (ALLYOUNEEDISLOVE) Pty Ltd v Concept Moulding Pty Ltd [2014] NSWCA 415

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Passion Projects (ALLYOUNEEDISLOVE) Pty Ltd v Concept Moulding Pty Ltd [2014] NSWCA 415 Hearing dates: 28 November 2014 Decision date: 28 November 2014 Before: McColl JA at [1] and [11]; Leeming JA at [2] Decision: The summons for leave to appeal is refused, 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: APPEAL - application for leave - refusal to set aside statutory demand - no question of general principle - reasonably clear injustice not shown - leave refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 58, 60 Corporations Act 2001 (Cth), s 459G Supreme Court Act 1970 (NSW), s 101 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 Category: Principal judgment Parties: Passion Projects (ALLYOUNEEDISLOVE) Pty Ltd (Applicant) Concept Moulding Pty Ltd (Respondent) Representation: Counsel: S Bogan (Applicant) J Giles (Respondent) Solicitors: Charles G. Roth (Applicant) File Number(s): 2014/98283 Decision under appeal Citation: [2014] NSWSC 345 Date of Decision: 2014-03-27 00:00:00 Before: Black J File Number(s): 2013/294464