Williams v Bearing Traders Pty Ltd [2008] NSWSC 896

Summary dismissal refused except for the ground relating to adequacy of Magistrate's reasons; that ground was considered doomed to failure.

Jurisdiction: Australia
Judgment Date: 04 September 2008
Procedural Posture: Appeal / Application for Summary Dismissal
Outcome: Application for summary dismissal refused except for paragraph 12 of the Amended Summons; costs reserved.
Legal Topics: ['summary Dismissal' 'appeal From Local Court' 'director Liability Under Corporations Act']

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Appeal / Application for Summary Dismissal

1 ['Whether the plaintiff was a director within the meaning of s 9 of the Corporations Act 2001 during the relevant period' 'Whether findings by the Magistrate were made without evidence' 'Adequacy of reasons provided by Magistrate' 'Timeliness and leave for appeal grounds']

Summary dismissal refused except for the ground relating to adequacy of Magistrate's reasons; that ground was considered doomed to failure.

Application for summary dismissal refused except for paragraph 12 of the Amended Summons; costs reserved.

['Paragraph 12 of the Amended Summons summarily dismissed.' 'Costs of the Amended Notice of Motion reserved.']