NSW Caselaw
New South Wales Supreme Court
CITATION : Independent Civil Contractors Pty Ltd v JGE Earthmoving Pty Ltd [2007] NSWSC 132 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 19/02/07
JUDGMENT DATE : 27 February 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Leave to proceed against company in liquidation refused
CATCHWORDS : CORPORATIONS - winding up - creditors voluntary winding up - application for leave to proceed with cross-claim against company in Local Court proceedings - where company was plaintiff in those proceedings but assigned cause of action after commencement of winding up - assignee substituted as plaintiff in Local Court - whether set-off pursuant to s.553C had occurred - because it had not, no need for applicant's claim to be pursued in existing proceedings
Bankruptcy Act 1966 (Cth), s.86 LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth), Part 5.3A, ss.471B, 500(2), 553(1), 553C
Barton v Atlantic 3 Financial (Australia) Pty Ltd (2004) 212 ALR 348 Gye v McIntyre (1991) 171 CLR 609 CASES CITED : Krishell Pty Ltd v Nilant [2006] WASCA 223 Pitt-Owen v Lenin (2006) 24 ACLC 964 Stein v Blake [1996] AC 243
PARTIES : Independent Civil Contractors Pty Ltd - Plaintiff JGE Earthmoving Pty Ltd - Defendant
FILE NUMBER(S) : SC 5967/06
COUNSEL : Mr W.J. Dalley - Plaintiff Mr J.D. Chard, Solicitor - Defendant
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