STATE RAIL AUTHORITY OF NEW SOUTH WALES v EARTHLINE CONSTRUCTIONS PTY LIMITED [1996] NSWCA 493

STATE RAIL AUTHORITY OF NEW SOUTH WALES v EARTHLINE CONSTRUCTIONS PTY LIMITED

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 26 February 1996

[1996] NSWCA 493

Sheller JA. On 13 February 1995 the appellant, the State Rail Authority of New South Wales, appealed from a decision of O' Keefe J given on 14 September 1994. On 3 April 1995 an order was made that the first respondent Earthline Constructions Pty Limited be wound up.

This is an application by the appellant, pursuant to s 471B of the Corporations Law, for leave to proceed with the appeal against the first respondent. The first respondent consents to leave being granted. In support of the application the appellant says that there is a serious question to be tried; that the liquidator of the first respondent has consented to the application; and that there is utility in making the order.

Evidence in support is found in the affidavits of Mr Robbie Walker, sworn 21 February 1996 and 26 February 1996.

I am satisfied that this is an appropriate case for the leave sought. Accordingly I make order 1 in the notice of motion. By consent I order that the claimant pay the opponent's costs of this application.

Orders accordingly.