Dubow v Fitness First Australia Pty LtdFitness First Australia Pty Ltd v Dubow

[2011] NSWSC 1357

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PRACTICE AND PROCEDURE - complex and intertwined litigation history between parties - Certificates of costs issued in favour of one party in earlier proceedings - Deed of release subsequently entered into - Costs certificates later registered as judgments in local court - Judgment set aside - Costs certificates registered as judgment in supreme court - Current four matters related to costs certificates - Heard together as construction of deed of release central issue
1. BANKRUPTCY AND INSOLVENCY - Jurisdiction - Four matters heard together - Plaintiff in two matters applied for bankruptcy - Application for stay pending determination by trustee in bankruptcy - Section 60 Bankruptcy Act 1966 not available ground in supreme court for stay - Supreme court's inherent jurisdiction invoked