Ekes v Hyde Page (No 2) [2019] NSWCA 169

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ekes v Hyde Page (No 2) [2019] NSWCA 169 Hearing dates: 9 July 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Before: Bell P; Payne JA Decision: 1. Application for leave to appeal dismissed with costs; 2. Applicant's motion seeking a stay dated 19 June 2019 dismissed with costs; 3. The Court orders costs be paid by Mr Ekes in a lump sum in the amount of $7,500 under s 98(4) of the Civil Procedure Act. Catchwords: CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – judgment or order of the Court in a Division for the winding up of a corporation – where debt alleged to have been paid prior to appointment of liquidator – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Corporations Act 2001 (Cth), ss 95A, 459A, 459C Legal Profession Uniform Law (NSW) Supreme Court Act 1970 (NSW), s 101 Taxation Administration Act 1953 (Cth), s 8AAZLGA, Sch 1 s 255-5 Cases Cited: Buckland Products Pty Ltd v Deputy Commissioner of Taxation [2003] VSCA 85 Commonwealth Bank of Australia v Begonia Pty Ltd (1993) 11 ACLC 1075 Deputy Commissioner of Taxation v Guy Holdings Pty Ltd [1994] TASSC 126; 116 FLR 314; 14 ACSR 580 Deputy Commissioner of Taxation v De Simone Consulting Pty Limited [2007] FCA 548 Distinctive FX 9 Pty Ltd v Statewide Developments Pty Limited [2012] NSWCA 393 Expile Pty Limited v Jabb's Excavations Pty Limited [2003] NSWCA 163; 45 ACSR 711 Federal Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146; [2008] HCA 32 Huang v Hua Cheng International Group Pty Ltd [2019] NSWCA 155 In the matter of Day & Night Online Transport Pty Ltd (in liq) [2018] NSWSC 796 Penson v Titan National Pty Ltd [2015] NSWCA 165 Pentelow v Bell Lawyers Pty Ltd [2018] NSWCA 150 Zervas v Burkitt [2019] NSWCA 112 Category: Principal judgment Parties: Paul Ekes (Applicant) GHS Safety Products Australia Pty Ltd (in liq) (First Respondent) John Hyde Page (Second Respondent) Representation: Counsel: Ms T Wong (Applicant) Mr J Hyde Page (Second Respondent)