VANGSNES v DUNN, KKL'S LIQUIDATOR [1998] NSWCA 246

VANGSNES v DUNN, KKL'S LIQUIDATOR SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MASON P and SHELLER JA 11 May 1998

[1998] NSWCA 246

Mason P The Court has heard today two applications by Mr Vangsnes in which he seeks to challenge orders made by Einstein J in a judgment given on 13 November 1997 as to the substance of the matter and a judgment of the same date in relation to questions of costs.

We have heard the matter at more length than usually applies in relation to an application of this nature, not because Mr Vangsnes who appeared for himself was under any difficulty in explaining the issues to us, but because of the complexity of those issues and the need to be satisfied that we fully understood those issues. The Court had the opportunity of reading the submissions which were embodied in the summons for leave to appeal which was filed by Mr Vangsnes.

It is not normally the practice of the Court to give reasons in relation to an application of this nature but again, out of deference to some of the matters raised, I think we should do so, but briefly.

Mr Vangsnes is a creditor of KKL Kangaroo Line Pty Ltd, a company which went into liquidation with Mr Dunn being appointed its liquidator. The liquidation has been completed in the sense that the company has been ordered to be dissolved. The fact that a dissolution order has been made and not stayed was drawn to our attention by Mr Kerr, who appeared on behalf of Mr Dunn to assist the Court. Mr Kerr frankly conceded that were it appropriate to do so, the dissolution order could be set aside. Accordingly, I have not regarded that as any impediment to the relief which is sought.

At the time when a provisional liquidator had been appointed, proceedings were commenced in the Commercial List of the Common Law Division, being matter number S10780 of 1986 against Beaufort Shipping Agency Pty Ltd and Croxford Ltd. Those proceedings raised a complex commercial dispute.