Jetobee Pty Ltd (in liquidation) v Smith & Young Pty Ltd (No 3) [2015] NSWSC 1526

Supreme Court New South Wales

Medium Neutral Citation: Jetobee Pty Ltd (in liquidation) v Smith & Young Pty Ltd (No 3) [2015] NSWSC 1526 Hearing dates: 7 and 8 October 2015 Date of orders: 19 October 2015 Decision date: 19 October 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The proceedings stand over to 26 October 2015 at 9.30am.

(2) On or before 5:00pm on 22 October 2015 the plaintiff file and serve the orders it contends give effect to this judgment. Catchwords: DEBT – director of defendant also director of plaintiff – plaintiff company in liquidation – paid out defendant's debt under guarantee – debt secured by mortgage from defendant – plaintiff took assignment of debt from creditor – whether prior to liquidator's appointment director bound both companies to an agreement for plaintiff to assume principal debt – agreement not made out. Legislation Cited: - Duties Act 1997 (NSW) – s 12(2), s 17 - Evidence Act 1995 (Cth) – s 136, s 140(2) - Real Property Act 1900 (NSW) – s 57(2) Cases Cited: - Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 - Equuscorp Pty Ltd v Glengallan Investments Pty Ltd [2004] HCA 55; 218 CLR 471 Category: Principal judgment Parties: Jetobee Pty Ltd – Plaintiff Smith & Young Pty Ltd – Defendant Representation: Counsel: J. White, K. Josifoski – Plaintiff A. Macauley – Defendant

Solicitors: Gadens Lawyers – Plaintiff Buckingham Lawyers – Defendant File Number(s): 2015/067958