Edenden v Bignell [2008] NSWSC 666

New South Wales Supreme Court

CITATION : Edenden v Bignell [2008] NSWSC 666

HEARING DATE(S) : 26/05/08

JUDGMENT DATE : 2 July 2008

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Order that originating process be struck out except as to core elements required by rule 2.3(3) of the Supreme Court (Corporations) Rules 1999. Orders that matter proceed on pleadings and stand dismissed if statement of claim not filed and served within 28 days.

CATCHWORDS : CORPORATIONS - winding up - insolvent trading - proposed action by creditor under s 588M(3) - need for leave under s 588T(2)(b) to commence such action - where threshold requirement previously established as to alleged debt of $57,917.51 - sufficiency of pleaded claim for leave under s 588T(2)(b) - much superfluous matter alleged - no clear specification of time at which alleged debt incurred - no statement of basis on which elements involving insolvency at time of incurring of debt are alleged

LEGISLATION CITED : Corporations Act 2001 (Cth), ss s 436A(1)(a), 471A, 588G, 588M(1)(a), (3), 588S, 588T(2) Supreme Court (Corporations) Rules 1999, rules 2.2(1)(a), 2.2(3)

CATEGORY : Principal judgment

Deputy Commissioner of Taxation v Clark [2003] NSWCA 91; (2003) 57 NSWLR 113 CASES CITED : Edenden v Bignell [2007] NSWSC 1122 Re Origin Internet Solutions Pty Ltd (No 2) [2004] FCA 1354; (2001) 51 ACSR 163

Stephen Gary Edenden - First Plaintiff Paula Anne Edenden - Second Plaintiff PARTIES : Mark Alexander Bignell - First Defendant Kathryn Margaret Bignell - Second Defendant A J Bignell Pty Ltd - Third Defendant