McGill v Atifame Pty Ltd [2000] NSWSC 908

New South Wales Supreme Court

CITATION : McGill v Atifame Pty Ltd [2000] NSWSC 908 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3225 of 2000 HEARING DATE(S) : 28 August and 11 September 2000 JUDGMENT DATE : 11 September 2000

Ian McGill as representative partner of Allen Allen & Hemsley (Plaintiff) PARTIES : Atifame Pty Ltd (First Defendant) John Melluish (Second Defendant) JUDGMENT OF : Windeyer J at 1

COUNSEL : Mr CRC Newlinds (Plaintiff) Mr L J Aitken (Defendants) SOLICITORS : Sally Nash & Co (Plaintiff) Sanfilippo Partners (Defendants) CATCHWORDS : CORPORATIONS - WINDING UP - application to wind up company on ground of insolvency - application by solicitors firm to wind up company based on failure to comply with statutory demand for outstanding legal fees - defendant alleged that the bill for legal fees did not comply with the Legal Profession Act 1987 and the Legal Profession Regulation 1994 - whether application can be opposed on the ground that plaintiff does not have standing because it is not a creditor - whether application can be opposed on the ground that there was no debt "due and payable" Corporations Law s459C, s459C(2)(a), s459E, s459E(1), s459F(1), s459F(2)(ii) s459G, s459P, s459Q, s459S, s459S(2) s461, s467(1)(c), Pt 5.4 LEGISLATION CITED : Legal Profession Act 1987 s192(1) Legal Profession Regulation 1994 s22A Bartex Fabrics Pty Ltd v Phillips Fox (1994) 12 ACLC 462 David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 CASES CITED : Orpin Pty Ltd v Layer Pty Ltd (unreported SC of Tasmania, Wright J, 17 March 1998) Re Elgar Heights Pty Ltd [1985] VR 657 Switz Pty Ltd v Glowbind Pty Ltd (2000) 33 ACSR 723 DECISION : See paragraph 17