NSW Caselaw
New South Wales Supreme Court
CITATION : Wabbits Pty Limited v Godfrey [2009] NSWSC 1299
HEARING DATE(S) : 10 and 11 November 2009
JUDGMENT DATE : 27 November 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Ward J
DECISION : Adminstrator's decision reversed. Proof of debt admitted in part.
CATCHWORDS : CORPORATIONS - application to reverse rejection by Deed of Company Administrator of proof of debt - proof of debt claiming damages for breach of building contract under Bellgrove v Eldridge (1954) 90 CLR 613 and claim in respect of Local Court judgment - whether administrator erred in rejecting building contract damages claim - whether administrator rejected or erred in failing to adjudicate Local Court judgment claim - held that proof of debt should be admitted in part. - INSURANCE - subrogation - administrator asserted that insurer not subrogated to insured's rights as insured had not fulfilled conditions of policy - held that insurer subrogated even had it not been strictly obliged to pay out claim as payment made in good faith - King v Victoria Insurance Co Limited [1896] AC 250 applied.
Corporations Act 2001 (Cth) LEGISLATION CITED : Corporations Regulations 2001 (Cth). Home Building Act 1989 (NSW)
ASIC v Forestview Nominees Pty Limited (2006) 236 ALR 652 Bellgrove v Eldridge (1954) 90 CLR 613 Bull v Lee (No 2) [2009] NSWCA 362 Director of War Services Homes v Harris [1968] Qd R 275 Gange v Sullivan (1966) 116 CLR 418 Hyder Consulting (Australia) Pty Limited v Wilh Wilhelmsen Agency Pty Limited (2002) 18 BCL 122 Johnston v McGrath [2008] NSWSC 639 King v Victoria Insurance Co Limited [1896] AC 250 CASES CITED : Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 R & N Holdings Pty Limited v Mark Fraser Cooper [2008] NSWSC 225 Re Equity Funds of Australia Limited (1976) 2 ACLR 238 Sydney Turf Club v Crowley [1971] 1 NSWLR 724 Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 33 Ventura v Svirac [1961] WAR 63 Westpac Banking Corporation v Totterdell (1998) 20 WAR 150 Woodward Pty Limited v Kelleher [1989] NSWCA 82 Yeomans v Walker (1986) 5 NSWLR 378
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