NSW Caselaw
New South Wales Court of Appeal
CITATION: Welcome Homes Real Estate Pty. Limited & Ors. v. Ziade Investments Pty. Limited & Anor. [2007] NSWCA 167
HEARING DATE(S): 26 June 2007
JUDGMENT DATE: 13 July 2007
JUDGMENT OF: Spigelman CJ at 1; Hodgson JA at 2; Santow JA at 72
DECISION: Appeal dismissed with costs.
CATCHWORDS: CORPORATIONS - Winding up - Relief under Corporations Act 2001 (Cth) ss.588FE and 588FF - Uncommercial transactions within s.588FB - Unreasonable director-related transactions within s.588FDA - Insolvency of company
LEGISLATION CITED: Corporations Act 2001 (Cth) ss.588FB, 588FC, 588FDA, 588FE and 588FF
Jones v. Dunkel (1959) 101 CLR 298 CASES CITED: McDonald v. Hanselmann (1998) 144 FLR 463 Skouloudis Group Pty. Limited v. Planet Enterprise Pty. Limited [2003] NSWCA 31
Welcome Homes Real Estate Pty. Limited - 1st appellant Ritz Cinema Pty. Limited - 2nd appellant Janlz Constructions Pty Limited - 3rd appellant PARTIES: Jack Ziade - 4th appellant Jean Ziade - 5th appellant Ziade Investments Pty. Ltd (In Liquidation) - 1st respondent Richard James Porter - 2nd respondent
FILE NUMBER(S): CA 40574/06
COUNSEL: Mr. G. Segal for appellants Mr. C. Harris SC for respondents
SOLICITORS: Kydon Segal, Kingsford for appellants Willis & Bowring, Miranda for respondents
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 1365/05
LOWER COURT JUDICIAL OFFICER: Gzell J
LOWER COURT DATE OF DECISION: 18 May 2006
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