NSW Caselaw
Reported Decision : (1999) 33 ACSR 301 (2000) 18 ACLC 125
New South Wales Supreme Court CITATION : Re Summit Design & Construction [1999] NSWSC 1136 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 4217/99 HEARING DATE(S) : 22 November 1999 JUDGMENT DATE : 22 November 1999
PARTIES : Summit Design & Construction Pty Limited (Applicant) JUDGMENT OF : Austin J
COUNSEL : M J Heath (Applicant) J Johnson (Respondent) SOLICITORS : Cutler Hughes & Harris (Applicant) Watson Mangioni (Respondent) CATCHWORDS : CORPORATIONS - provisional liquidation - application for leave to bring proceedings against company - where proceedings will permit applicant to recover payment from company's debtor under Contractors Debts Act 1997 (NSW) - application refused; BUILDING & CONSTRUCTION - Contractors Debts Act 1997 (NSW) - subcontractor sought leave to sue building company in provisional liquidation, in order to obtain payment from principal under the Act - leave refused ACTS CITED : Contractors Debts Act 1997 (NSW), ss 5, 6, 7, 8, 11, 14, 17, 19 Corporations Law, ss 471B, 472, 555, 556, 559 Barclays Bank Ltd v Quitclose Investments Ltd [1970] AC 567 Bell Coal Pty Limited v UB Minerals Inc (in liq) [1999] NSWSC 3O1 (7 April 1999) CASES CITED : Costain Australia Ltd v Superior Pipe Installations Pty Ltd (Receiver Appointed) [1975] 1 NSWLR 491 Ogilvie-Grant v East (1983) 7 ACLR 669 Vagramd Pty Limited (in liq) v Fielding & Ors (1993) 10 ACSR 373 DECISION : Leave to bring proceedings refused, except to the extent of commencing them
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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