Rowa Australia v Kalamazoo Logistics [2006] NSWSC 325

New South Wales Supreme Court

CITATION : Rowa Australia v Kalamazoo Logistics [2006] NSWSC 325

HEARING DATE(S) : 3 April 2006

JUDGMENT DATE : 24 April 2006

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Leave granted, on terms that plaintiff undertakes not to enforce judgment without further leave

CATCHWORDS : CORPORATIONS - creditors' voluntary winding up - application for leave to continue proceeding against company in liquidation - plaintiff seeks delivery up of its electrical goods by company - company claims entitlement to charges and asserts lien over goods - plaintiff pays money into trust, pursuant to interlocutory orders, to obtain delivery of some goods - parties in dispute over amount of plaintiff's indebtedness and existence of lien, and ownership of trust fund - leave granted

LEGISLATION CITED : Corporations Act 2001 (Cth), ss 471B, 500(2)

Fielding v Vagrand Pty Ltd (in liq) (1992) 39 FCR 251 CASES CITED : Re Atlantic Computer Systems Plc [1992] Ch 505 Vagrand Pty limited (in liq) v Fielding (1993) 41 FCR 550

PARTIES : Rowa Australia Pty Ltd (P) Kalamazoo Logistics Pty Ltd (in liq)(rec mgrs apptd) (D)

FILE NUMBER(S) : SC 3438/05

COUNSEL : S Meehan (P)

SOLICITORS : Harris Freidman Hyde Page (P)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

AUSTIN J

MONDAY 24 APRIL 2006

3438/05 ROWA AUSTRALIA PTY LTD V KALAMAZOO LOGISTICS PTY LTD (IN LIQ) (REC MGRS APPTD)

JUDGMENT

1 HIS HONOUR: This is an application that leave be granted to the plaintiff to continue a specified proceeding against the defendant. The application has been brought by interlocutory process in the principal proceeding against the defendant, that is, in the proceeding for which leave is sought.