NSW Caselaw
Reported Decision : 59 ACSR 559
New South Wales Supreme Court
CITATION : Whittingham re Hunter Valley Gravel Supplies Ltd & Ors [2006] NSWSC 1070
HEARING DATE(S) : 21/08/06
JUDGMENT DATE : 13 October 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Directions that liquidator justified in proceeding on pooled basis
CATCHWORDS : CORPORATIONS - winding up - rights of creditors and contributories - where affairs of three companies intertwined and separate positions not readily ascertainable - all creditors of every company vote in favour of pooling proposal - sole member of only company likely to yield surplus also assents to pooling proposal - such proposal sufficiently articulated and explained - no resort to statutory mechanisms - unanimous assent sufficient to warrant direction that liquidator justified in proceeding on pooled basis
LEGISLATION CITED : Corporations Act 2001 (Cth), Parts 5.3A, 5.6 Div 6, ss.439A, 477(1)(c), 477(2)(a), 510, 511,
Dean-Willcocks v Soluble Solution Hydroponics Pty Ltd (1997) 24 ACSR 79 Motor Terms Co Pty Ltd v Liberty Insurance Ltd (1967) 116 CLR 177 Re Charter Travel Co Ltd (1997) 25 ACSR 337 Re Duomatic Ltd [1969] 2 Ch 365 CASES CITED : Re Express Engineering Works Ltd [1920] 1 Ch 466 Re Norfolk Island & Byron Bay Whaling Co Ltd [1970] 1 NSWR 221 Re Switch Telecommunications Pty Ltd (2000) 35 ACSR 172 Re Tayeh & Anor (as joint liquidators of the Black Stump Enterprises Pty Ltd & Ors) (2005) 53 ACSR 684 Re The Black Stump Enterprises Pty Ltd (2005) 228 ALR 591 United States Trust Co of New York v Australia and New Zealand Banking Group Ltd (1995) 37 NSWLR 131
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate