Expile Pty Ltd v Jabb's Excavations Pty Ltd [2003] NSWSC 699

Reported Decision : (2003) 46 ACSR 446

New South Wales Supreme Court

CITATION : Expile Pty Ltd v Jabb's Excavations Pty Ltd [2003] NSWSC 699 HEARING DATE(S) : 18 & 24 July 2003 JUDGMENT DATE : 24 July 2003 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Winding up application adjourned

CATCHWORDS : CORPORATIONS - voluntary administration - adjournment of winding up application - how order for costs on winding up application treated when administration begins after argument of winding up application and before decision on winding up application - need for administrator to consider both what transactions would be preferences or otherwise voidable if company entered a creditors' voluntary winding up, and if company were wound up by the Court - requirements for entitlement to vote at creditors' meeting - manner of voting at creditors' meeting - how section 440A Corporations Act 2001 affects entitlement of creditor to a winding up order ex debito justitiae LEGISLATION CITED : Corporations Act 2001 (Cth) Corporations Regulations Garcia v National Australia Bank (1998) 194 CLR 395 CASES CITED : IOC Australia Pty Limited v Mobil Oil (Australia) Limited (1975) 11 ALR 417 Unifor Office Systems Aust Pty Ltd v Brewer Partnership Pty Ltd (1999) 17 ACLC 642 PARTIES : Expile Pty Limited - Plaintiff Jabb's Excavations Pty Limited - Defendant FILE NUMBER(S) : SC 1887/02 COUNSEL : S Epstein SC - Plaintiff B Coles QC; D Allen - Defendant SOLICITORS : Baron and Associates - Plaintiff Cadmus Lawyers - Defendant