NSW Caselaw
Reported Decision : 57 ACSR 714 (2006) 24 ACLC 676
New South Wales Supreme Court
CITATION : Maertin v Klaus Maertin Pty Ltd & Ors [2006] NSWSC 588 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 06/06/06
JUDGMENT DATE : 14 June 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Order for appointment of provisional liquidator. Short stay granted.
CATCHWORDS : CORPORATIONS - winding up - standing - plaintiff is transferee under unregistered transfer from executor of deceased shareholder - whether "contributory" as defined by s.9 - whether within concluding sentence of s.232 as regards claim based on Part 2F.1 - whether s.232 standing can be relied upon where claims advanced principally under s.461 - whether plaintiff "creditor" - admission by defendant company that money owed by it to him - assertion that he and another jointly indebted to company in a greater sum - assuming such indebtedness to be joint, whether set-off deprives plaintiff of creditor status - application for appointment of provisional liquidator - whether cogent case for winding up shown - whether assets in jeopardy - balance of convenience considered - whether position pending trial may be secured by orders or undertakings
LEGISLATION CITED : Corporations Act 2001 (Cth), ss.9, 231, 232, 233, 234(a), 461(1)(e), 461(1)(f), 461(1)(k), 462(2)(b), 462(2)(c), 472(2), 1071B, 1072E, Part 2F.1
Manzo v 555/255 Pitt Street Pty Ltd (1990) 21 NSWLR 1 Re ABT Holdings Pty Ltd (1979) 4 ACLR 41 Re A Company [1894] 2 Ch 349 Re Bright Pine Bills Pty Ltd [1969] VR 1002 CASES CITED : Re Exclusive Master Book-binding & Manufacturing Pty Limited (1977) 2 ACLR 549 Re Gattopardo Ltd [1969] 2 All ER 344 Re Meyer Douglas Ltd [1965] VR 638 Re Steel Wing Company Ltd [1921] 1 Ch 349 Rohan Trading Company Pty Ltd v Glengor Pastoral Company Pty Ltd [2003] NSWSC 1265 Russell v Scott (1936) 55 CLR 440
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