Cudgegong 048 Service Pty Ltd as trustee for Cudgegong 048 Trust v Alpine Projects Pty Ltd (in liquidation) [2024] NSWSC 723

Supreme Court New South Wales

Medium Neutral Citation: Cudgegong 048 Service Pty Ltd as trustee for Cudgegong 048 Trust v Alpine Projects Pty Ltd (in liquidation) [2024] NSWSC 723 Hearing dates: 14 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Equity - Technology and Construction List Before: McGrath J Decision: Leave to proceed granted on terms (see [33]) Catchwords: CORPORATIONS — winding up — proceedings against company in liquidation — application under s 500(2) of the Corporations Act — where plaintiff asserts it paid company money for the express purpose of paying third party suppliers — where plaintiff asserts that money was held on trust —where plaintiff seeks leave to proceed against company and/or third parties for restitution — whether the claim as stated is proprietary or personal — whether the claim can be resolved through the proof of debt procedure — where the grant of leave would not prejudice the company's creditors Legislation Cited: Corporations Act (Cth), s 500(2) Cases Cited: Re Bigdeal Artist Management Pty Ltd (in liq) [2015] NSWSC 936 ZOLL Medical Australia, in the matter of Cardiac Defibrillators Australia Pty Ltd (in liq) v Cardiac Defibrillators Australia Pty Ltd (in liq) [2022] FCA 167 Category: Principal judgment Parties: Cudgegong 048 Service Pty Ltd (ACN 618 651 282) as trustee for Cudgegong 048 Trust (ABN 21 868 497 191) (Plaintiff) Alpine Projects Pty Ltd (ACN 126 721 220) (Defendant) Representation: Counsel: A Cameron (Plaintiff) No appearance (Defendant)