Construction Industry Long Service Leave Board v Irving, John [1997] FCA 425

CATCHWORDS CORPORATIONS LAW - deed of arrangement - Corporations Law s 556(1)(g)- priority of debts - company in arrears of levies due to the Construction Industry Long Service Leave Board - whether the Board should be admitted to proof as an unsecured creditor enjoying priority over other unsecured creditors under s 556(1)(g) of the Corporations Law - whether levies due "in respect of long service leave". WORDS AND PHRASES - "in respect of" - whether sufficient connection between two subjects. Corporations Law, ss 444A, 556(1)(g). Corporations Regulations, reg 5.3A.06, Schedule 8A. Construction Industry Long Service Leave Regulations 1988 (SA), reg 11. Australian Law Reform Commission, Report on General Insolvency (AGPS 1988, Report No 45). Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485. Nintendo Company Ltd v Centronic Systems Pty Ltd (1994) 181 CLR 134. Powers v Maher (1959) 103 CLR 478. Re E & L Constructions Pty Ltd (in liq) (1981) 28 SASR 154. Smith v Federal Commissioner of Taxation (1987) 164 CLR 513. The Trustees Executors & Agency Co Ltd v Reilly [1941] VLR 110. CONSTRUCTION INDUSTRY LONG SERVICE LEAVE BOARD v JOHN IRVING AS ADMINISTRATOR OF BETTAFORM CONSTRUCTIONS (SA) PTY LTD SG 104 OF 1996 Spender, Drummond, Sackville JJ Sydney (Heard in Adelaide) 23 May 1997

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. SG 104 of 1996 GENERAL DIVISION ON APPEAL FROM A JUDGE OF THIS COURT IN THE MATTER OF BETTAFORM CONSTRUCTIONS (SA) PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) BETWEEN: CONSTRUCTION INDUSTRY LONG SERVICE LEAVE BOARD Appellant AND: JOHN IRVING AS ADMINISTRATOR OF BETTAFORM CONSTRUCTIONS (SA) PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) Respondent CORAM: SPENDER, DRUMMOND, SACKVILLE JJ PLACE: SYDNEY (HEARD IN ADELAIDE) DATE: 23 MAY, 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.