Chief Commissioner of State Revenue v Boss Constructions (NSW) Pty Ltd [2018] NSWCA 51

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chief Commissioner of State Revenue v Boss Constructions (NSW) Pty Ltd [2018] NSWCA 51 Hearing dates: 14 March 2018 Decision date: 14 March 2018 Before: Basten JA, Simpson JA Decision: (1) Subject to the Chief Commissioner accepting liability to bear the costs of the respondent in this Court in any event, grant leave to the applicant to appeal from the judgment of Brereton J given on 11 October 2017. (2) Direct that the Chief Commissioner advise the registrar within 7 days as to whether or not that condition is accepted. (3) In the event that the condition is accepted, direct the applicant file a notice of appeal in the form contained in the white folder within 14 days. (4) The Costs of the application and the appeal to be borne by the Chief Commissioner in any event. Catchwords: CIVIL PROCEDURE – leave to appeal – application to set aside statutory demand – whether out of time – whether proposed grounds better than merely arguable – matter of public importance – whether applicant should pay costs in any event Legislation Cited: Corporations Act 2001 (Cth), s 459G Cases Cited: David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265; [1995] HCA 43 Category: Procedural and other rulings Parties: Chief Commissioner of State Revenue (Applicant) Boss Constructions (NSW) Pty Ltd (Respondent) Representation: Counsel: Mr F Assaf and Mr P J Strickland (Applicant) Mr N Bobos (Director, for Respondent)

Solicitors: Stacks Champion (Applicant) Mr N Bobos (Director, for Respondent) File Number(s): 2017/331468 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Division Citation: [2017] NSWSC 1334 Date of Decision: 11 October 2017 Before: Brereton J File Number(s): 2017/221013