Latest Cases Case Lookup Research Notebook LegislationSoon BriefsSoon

Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd) [2021] FCA 981 — BarristerAI

Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd)

[2021] FCA 981

Federal Court of Australia17 August 2021

View on AustLII View on JADE Download

Judges

Katzmann J

Headnote

No headnote yet — we'll generate the full structured AI headnote for you.

Generate the headnote

Free trial · no card required

Case Details

Citation[2021] FCA 981

CourtFCA

JurisdictionCommonwealth

Decision Date17 August 2021

Built by Barristers,
For Australian Law.

Start free trial

No card · cancel anytime

Judgment

Judges

Katzmann J

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd) at [30]

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd) at [37]

Judges

Headnote

Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.