SKOULOUDIS v PLANET ENTERPRIZES [2003] NSWCA 31

New South Wales Court of Appeal

CITATION : SKOULOUDIS v PLANET ENTERPRIZES [2003] NSWCA 31 HEARING DATE(S) : 17 February 2003 JUDGMENT DATE : 17 February 2003

JUDGMENT OF : Handley JA at 1; Giles JA at 23; Hodgson JA at 24 DECISION : Appeal dismissed as incompetent. Orders made

CATCHWORDS : COMPANIES - winding up - uncommercial transaction before winding up - Corporations Act s 588 FB LEGISLATION CITED : Corporations Act CASES CITED : Jones v Dunkel (1959) 101 CLR 298 SKOULOUDIS GROUP PTY LIMITED (in liquidation) & Anor PARTIES : v PLANET ENTERPRIZES PTY LIMITED FILE NUMBER(S) : CA 40324/02 COUNSEL : Appellant - C R C Newlinds Respondent - G Thomas SOLICITORS : Appellant - Kemp Strang Sydney Respondent - R F Bergagnin & Co Marrickville

LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT ED 5978/01 FILE NUMBER(S) : LOWER COURT Windeyer J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

40324/02 ED 5978/01 HANDLEY JA GILES JA HODGSON JA

17 February 2003 SKOULOUDIS GROUP PTY LIMITED (IN LIQ) & ANOR v PLANET ENTERPRIZES PTY LIMITED

COMPANIES – winding up – uncommercial transaction before winding up – Corporations Act s 588 FB

The company and its liquidator sued for the avoidance of the sale of a business of the company to a company nominated by the wife of the controlling director. The vendor company was insolvent. The contract of sale was not reduced to writing and was proved by the evidence of the director and his wife. However it was carried into effect and the wife's company took possession of the business and ran it.