Owners of Strata Plan 5290 v CGS & Co Pty Ltd [2011] NSWCA 168

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Owners of Strata Plan 5290 v CGS & Co Pty Ltd [2011] NSWCA 168 Hearing dates: 6 May 2011 Decision date: 30 June 2011 Before: Giles JA at 1, Campbell JA at 2, Sackville AJA at 3. Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Set aside the answers to Separate Questions 1(a)(ii)(B) and 1(a)(iii) given by Bryson AJ on 15 October 2010. 4. In lieu of the answers set aside, order that the Separate Questions be answered as follows: Question 1(a)(ii)(B) : No. Question 1(a)(iii) : No. 5. The Respondent pay the Appellant's costs of the appeal, including the application for leave to appeal. 6. If the parties are in agreement as to the further orders (if any) that should be made in consequence of the Court's judgment, a joint note to that effect should be filed within seven days. 7. If the parties do not agree: (a) the Appellant should file within seven days brief written submissions as to the further orders (if any) that should be made; and (b) the Respondent should file brief written submissions in reply within a further seven days. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORPORATIONS - assignment of choses in action - Corporations Act 2001 (Cth), s 477(2)(c) - liquidator of building company assigns company's entitlements against proprietor under a building contract - building contract expressly prohibits assignment of rights under the contract - whether purported assignment by liquidator effective to enable the assignee to sue the proprietor. Legislation Cited: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth)