NSW Caselaw
Reported Decision : 6 ABC (NS) 72
New South Wales Supreme Court
CITATION : AUTO GROUP LTD v ENGLAND [2008] NSWSC 402
HEARING DATE(S) : 18/04/2008
JUDGMENT DATE : 2 May 2008
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ
CATCHWORDS : BANKRUPTCY - proveable debts s 82 exception in s 82(2) - companies sued former Managing Director for tort damages for amounts of money he had misdirected in payment of false invoices and payroll ghosts - consideration whether claims were not provable in bankruptcy as "in the nature of unliquidated damages" and "arising otherwise than by reason of a contract, promise or breach of trust" - excursus on whether breach of fiduciary duty is "breach of trust" - HELD, claims were liquidated debts in Equity, claims arose by reason of a contract, the debts were provable debts and the proceedings could not be disposed of in the absence of leave of Federal Court under s 58(3)(b).
LEGISLATION CITED : Bankruptcy Act 1966, s 44, s 58(3)
Alexander v Ajax Insurance Limited [1956] VLR 436 Aliferas v Kyriacou (2000) 1 VR 447 Britter v Sprigg (1900) 26 VLR 65 Charter Pacific Corporation Ltd v Belrida Enterprises Pty Ltd [2003] QCA 375, 179 FLR 438 CASES CITED : Chittick v Maxwell (1993) 118 ALR 728 Coventry v Charter Pacific Corporation Ltd [2005] HCA 67, 227 CLR 234 at [66] Cutten and Harvey v Mount (1988) 14 ACLR 662 Emma Silver Mining Co. v Grant (1880) LR 17 Ch D 122 Gardner v Duve (1978) 19 ALR 695 Re Giles Ex Parte Stone (1889) 61 LT (NS) 82
PARTIES : Auto Group Limited - Plaintiffs Mark England - Defendant
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate