NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Access Private Equity trading as Sydney VIP Boat Charters [2018] NSWSC 651 Hearing dates: 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Equity Before: Leeming JA Decision: (1) Pursuant to s 459H of the Corporations Act 2001 (Cth), the creditor's statutory demand dated 2 February 2018 be set aside. (2) The defendant to pay the plaintiff's costs. Catchwords: CORPORATIONS – statutory demand – whether genuine dispute – solicitor client relationship – solicitor acts for plaintiff – whether term of retainer that solicitor would act on "no win no fee" basis – disputed testimonial evidence as to terms of retainer – various circumstances tending to support plaintiff's account – inconsistencies in evidence adduced by defendant – statutory demand set aside Legislation Cited: Corporations Act 2001 (Cth), ss 459E, 459G, 459H, 459J Legal Professional Uniform Law (NSW), ss 177, 178 Cases Cited: CSR Ltd v Eddy (2008) 70 NSWLR 735; [2008] NSWCA 83 Ligon 158 Pty Ltd v Huber [2016] NSWCA 330; 117 ACSR 495 Spacorp Australia Pty Ltd v Myer Stores Ltd [2001] VSCA 89; 19 ACLC 1270 Category: Principal judgment Parties: Access Private Equity Pty Ltd trading as Sydney VIP Boat Charters (Plaintiff)
Hector Ekes trading as Gardner Ekes Lawyers (Defendant) Representation: Counsel: A Cornish (Plaintiff) M Dolenec (Defendant)
Solicitors: M Carmody (Plaintiff) H Ekes (self represented) File Number(s): 2018/55146
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