Buzzle v Apple Computer [2007] NSWSC 930

Reported Decision : 5 ABC (NS) 322

New South Wales Supreme Court

CITATION : Buzzle v Apple Computer [2007] NSWSC 930 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 16 August 2007

JUDGMENT DATE : 31 August 2007

JUDGMENT OF : Hammerschlag J

DECISION : The cross-claim brought by the first and second cross-claimants against the sixth cross-defendant be stayed.

CATCHWORDS : CORPORATIONS – Bankruptcy – Cross-claim against director (who is an undischarged bankrupt) for equitable contribution by directors (including a corporate director) sued for insolvent trading under ss 588G and 588M of the Corporations Act 2001 (Cth) – Insolvent trading occurred before bankruptcy – Whether cross-claim for equitable contribution is in respect of a "provable debt" or liability within the meaning of s 82(1) of the Bankruptcy Act 1966 (Cth)

LEGISLATION CITED : Corporations Act 2001 (Cth) Bankruptcy Act 1966 (Cth)

Gye v Davies (1995) 37 NSWLR 421 Health Insurance Commission v Trustee In Bankruptcy of the Estate of Ioakim Alekozoglou [2003] FCA 848 Vale v TMH Haulage Pty Ltd (1993) 31 NSWLR 702 Gaffney v Commissioner of Taxation (1998) 81 FCR 574 Spika Trading Pty Ltd v Harrison (1990) 19 NSWLR 211 CASES CITED : Lustre Hosiery Ltd v York (1935) 54 CLR 134 Burke v LFOT Pty Ltd (2002) 209 CLR 282 Dering v Earl of Winshelsea (1787) 1 Cox 318 Wilson v Official Trustee in Bankruptcy (2000) 97 FCR 196 Lofthouse v Commissioner of Taxation (2001) 164 FLR 106 Lyford v Carey (1985) 3 ACLC 515 Re Hide; ex parte Llynvi Coal & Iron Co (1871) 7 Ch App 28