In the matter of Boss Constructions (NSW) Pty Ltd [2018] NSWSC 1991

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Boss Constructions (NSW) Pty Ltd [2018] NSWSC 1991 Hearing dates: 10 December 2018 Decision date: 10 December 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order not made dispensing with r 7.1 of the Uniform Civil Procedure Rules 2005 (NSW) to permit director of the Plaintiff to conduct proceedings for the Plaintiff. Catchwords: CORPORATIONS – whether to dispense with r 7.1 of the Uniform Civil Procedure Rules 2005 (NSW) – where director and associated companies have previously applied to set aside creditor's statutory demands – where interests of the community and company's creditors will be promoted by the independent judgment of a solicitor. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58 - Corporations Act 2001 (Cth) ss 459H, 459J - Uniform Civil Procedure Rules 2005 (NSW) r 7.1 Cases Cited: - Business Innovation Pty Ltd v Maddison Morgan and Bailey Pty Ltd [2018] NSWSC 1523 - Chief Commissioner of State Revenue v Boss Constructions (NSW) Pty Ltd [2018] NSWCA 270 - DB Mahaffy & Associates Pty Ltd v Mahaffy [2011] NSWSC 673 - JSBG Developments Pty Ltd v Kozlowski [2009] NSWSC 1128; (2009) 75 NSWLR 745 - Re DB Mahaffy & Associates Pty Ltd [2012] NSWSC 776 Category: Principal judgment Parties: Boss Constructions (NSW) Pty Ltd (Plaintiff) Deputy Commissioner of Taxation (Defendant) Representation: Solicitors: N Bobos (Director) K Minerds (Australian Taxation Office) File Number(s): 2018/236156