NSW Caselaw
New South Wales Supreme Court
CITATION : Parkview Qld Pty Ltd v Fortia Funds Management Limited (in liquidation) [2010] NSWSC 1469
HEARING DATE(S) : 14 December 2010 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 14 December 2010
DECISION : Leave granted to the plaintiff to continue these proceedings against the defendant. No steps are to be taken by the plaintiff to enforce any judgment against the defendant without first obtaining the leave of the Court. Leave to amend the Summons and Commercial List Statement
CATCHWORDS : CORPORATIONS – Corporations Act 2001 (Cth) ss 500, 553(1) – leave to continue proceedings against a company under a winding up order where relief sought is not capable of being dealt with by the proof of debt procedure and will be opposed – HELD – leave granted – leave to amend also granted
Building and Construction Industry Payments Act 2004 (QLD) LEGISLATION CITED : Trade Practices Act 1974 (Cth) Corporations Act 2001 (Cth)
CATEGORY : Procedural and other rulings
Vagrand Pty Ltd (in liq) v Fielding (1993) 10 ACSR 373 CASES CITED : Ogilvie-Grant v East Liquidator of Gordon Grant and Grant Pty Ltd (1983) 7 ACLR 669 Meehan v Stockmans Australian Cafe (Holdings) Pty Ltd (1996) 22 ACSR 123
PARTIES : Parkview Qld Pty Ltd - Plaintiff Fortia Funds Management Limited (in liquidation) as trustee for the Dalgety Apartments Townsville Trust - Defendant
FILE NUMBER(S) : SC 2010/117243
COUNSEL : T.G.R. Parker SC with A.R.R. Vincent [Plaintiff] R.M.O'Brien [Defendant]
SOLICITORS : Salim Rutherford Lawyers [Plaintiff] Carl Lee Solicitor [Defendant]
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