NSW Caselaw
Reported Decision: 79 ACSR 180
New South Wales Court of Appeal
CITATION: Deloughery & Ors v Weston [2010] NSWCA 148
HEARING DATE(S): 11/06/2010
JUDGMENT DATE: 1 July 2010
JUDGMENT OF: Spigelman CJ at 1; Giles JA at 2; Handley AJA at 2
DECISION: (1) Application dismissed with costs. (2) The interlocutory application by the special purpose liquidator heard by Barrett J on 14 May 2010 is remitted to the Equity Division.
CATCHWORDS: CORPORATIONS – winding up – court approval for liquidator's litigation funding agreement – ex parte hearing – confidentiality orders – right to be heard – major creditors – committee of inspection – creditor seeking removal of liquidator. - NATURAL JUSTICE – right to be heard – necessity for relevant right, interest or expectation – must exist in fact – no freestanding right to be heard.
LEGISLATION CITED: Corporations Act 2001,ss 477(2B) and 511
CATEGORY: Principal judgment
Dean-Willcocks v Soluble Solution Hydroponics Pty Ltd (1997) 42 NSWLR 209 Elfic Ltd v Macks [2001] QCA 219 CASES CITED: Hall v Poolman [2009] NSWCA 64 Onefone Australia Pty Ltd v One.Tel Ltd [2008] NSWSC 1335 UTSA Pty Ltd v Ultra Tune Australia Pty Ltd [1997] 1 VR 667
Applicants: John Deloughery Barbara Galloon Gary Phillips SingTel Optus Pty Ltd PARTIES: Optus Mobile Pty Ltd Optus Networds Pty Ltd Optus Vision Pty Ltd Optus Insurance Services Pty Ltd
Respondent: Paul Gerard Weston
COUNSEL: C R C Newlinds SC & R Higgins - Applicants N Cotman SC & R Glasson - Respondent
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