Business Innovation Pty Ltd v Maddison Morgan & Bailey Pty Ltd [2018] NSWSC 1523

Supreme Court New South Wales

Medium Neutral Citation: Business Innovation Pty Ltd v Maddison Morgan & Bailey Pty Ltd [2018] NSWSC 1523 Hearing dates: 9 October 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Equity - Corporations List Before: Parker J Decision: The orders of the Court are:

1. I strike out the document styled "Appearance for the Plaintiff" filed in Court on 8 October 2018. 2. I refuse the application by John Innes for leave to carry on these proceedings in the name of the plaintiff. 3. I order that the proceedings be stayed. 4. I order that Mr Innes pay the defendant's costs of the application. Catchwords: CORPORATIONS – creditor's statutory demand – where company represented in proceedings by director – whether a director who represents a company can commence and carry on proceedings to set aside statutory demand – leave of the Court required

PRACTICE AND PROCEDURE – general principles and guidelines – exercise of the Court's discretion to permit or refuse leave to a lay advocate to appear for an unrepresented litigant Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 International Arbitration Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 7.1 Cases Cited: Classic Ceramic Importers Pty Ltd v Ceramica Antiga SA (1994) 13 ASCR 263 Connectland Pty Ltd v Porthaven Pty Ltd [2011] NSWSC 616 Damjanovic v Maley (2002) 55 NSWLR 149; [2002] NSWCA 230 DB Mahaffy & Associates Pty Ltd v Mahaffy [2011] NSWSC 673 Re DB Mahaffy and Associates Pty Ltd [2012] NSWSC 776 Super Choice Now Pty Ltd v BrisConnections Management Co Ltd (2009) 259 ALR 451; [2009] FCA 1026 Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd [2015] NSWSC 1519 Category: Procedural and other rulings Parties: Business Innovation Group Pty Ltd (Plaintiff) Maddison Morgan & Bailey Pty Ltd (Defendant) Representation: Alleged authorised corporate representative: J Innes (Plaintiff)