NSW Caselaw
New South Wales Supreme Court
CITATION : Gilsenan & anor v Trussted Frames & Trusses (Holdings) Pty Ltd & ors [2009] NSWSC 993
HEARING DATE(S) : 10 September 2009 JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 10 September 2009
DECISION : Company wound up on just and equitable ground – liquidator nominated by cross-claimants appointed
CATCHWORDS : CORPORATIONS – winding up – company wound up on just and equitable ground – liquidators – where ordinarily liquidator nominated by the applicant is appointed – where no reason to depart from ordinary course – PROCEDURE – costs – general rule – costs follow the event – where plaintiffs have totally failed on their summons and the defendants totally succeeded on their cross-claim – where no reason to depart from general rule
CATEGORY : Principal judgment
Norman Gilsenan (first plaintiff/second cross-defendant) Lyn Gilsenan (second plaintiff/third cross-defendant) Trussted Frames & Trusses (Holdings) Pty Ltd (first defendant/first cross-defendant) Trussted Frames & Trusses (Tamworth) Pty Ltd (second defendant) PARTIES : Comtao Pty Ltd (third defendant) Steven John Veale (fourth defendant/first cross-claimant) Lana Sue Veale (fifth defendant/second cross-claimant) Hilton James Smith (sixth defendant/third cross-claimant) Ann Smith (seventh defendant/fourth cross-claimant)
FILE NUMBER(S) : SC 2162/09
COUNSEL : Mr C Harris SC (plaintiffs/cross-defendants) Mr S Gollege (D4-D7/cross-claimants)
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