NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Diveva Pty Limited [2015] NSWSC 794 Hearing dates: 13 April 2015 Decision date: 13 April 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Application for leave to cross-examine officer of plaintiff granted. Catchwords: CORPORATIONS – creditor's statutory demand – application to cross-examine officer of plaintiff – where cross-examination is the exception rather than the rule – whether defendant entitled to cross-examine the plaintiff to contend that the dispute or offsetting claim is an invention or fictitious. Cases Cited: - Britten-Norman Pty Limited v Analysis and Technology Australia Pty Limited [2013] NSWCA 344; (2013) 85 NSWLR 601 - Edge Technology Pty Ltd v Lite-On Technology Corporation [2000] NSWSC 471; (2000) 34 ACSR 301 - Fitness First Australia Pty Limited v Dubow [2011] NSWSC 531 - Mibor Investments Pty Ltd v Commonwealth Bank of Australia [1994] 2 VR 290 - Montage Group Pty Limited v Wong [2011] NSWSC 726 - United Capital Properties Pty Limited v Handbury Asset Management Pty Limited [2011] FCA 1075; (2011) 86 ACSR 161 Category: Procedural and other rulings Parties: Diveva Pty Ltd (Plaintiff) Pacific Blue Metal Pty Ltd (Defendant) Representation: Counsel: J C Giles (Plaintiff) B DeBuse (Defendant)
Solicitors: Somerville Legal (Plaintiff) Marsdens (Defendant) File Number(s): 2014/346133
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