NSW Caselaw
New South Wales Supreme Court
CITATION : Emerton Pty Ltd v Referral Marketing Services Pty Limited (in liq) [2008] NSWSC 596 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 19 May 2008 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 19 May 2008
DECISION : Leave granted in part and refused in part
CATCHWORDS : CORPORATIONS - Corporations Act 2001 (Cth) - application for leave to sue company in liquidation for debt - Corporations Regulation 5.6.53(1) - proofs of debt lodged in earlier administration but not dealt with by administrators - administrators become liquidators - no further proofs of debt lodged – proofs not dealt with by liquidators - application for leave premature and refused - other leave sought to sue in respect of claims not directly against the company - different considerations - leave granted
LEGISLATION CITED : Corporations Act 2001 (Cth) Corporations Regulation 5.6.53(1))
King v Peters [2007] NSWSC 200 CASES CITED : Ogilvie-Grant v East (1983) 7 ACLR 669 Vagrand Pty Limited (In liq) v Fielding & Anor (1993) 10 ACSR 373
Emerton Pty Limited PARTIES : Referral Marketing Services Pty Limited (in liquidation) ACN 008 160 889 Kari Lea Allen
FILE NUMBER(S) : SC 5523/2007
C.M. Harris SC (Plaintiff) COUNSEL : K. L. Kahler - Solicitor (First Defendant) A. Martin - Solicitor (Second Defendant)
S+P Lawyers (Plaintiff) SOLICITORS : Blake Dawson (First Defendant) MBP Legal (Second 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