NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Modcol v National Buildplan Group [2013] NSWSC 380 Hearing dates: 12/04/2013 Decision date: 12 April 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Revoke grant of leave under s 440D Corporations Act. Stay proceedings until further order. Catchwords: CORPORATIONS - Administration - Proceedings against a company under administration - Whether leave to commence proceedings should be revoked - principles to be applied. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Building and Construction Industry Security of Payment Act 2002 (Vic) Contractors Debts Act 1997 (NSW) Corporations Act 2001 (Cth) Cases Cited: Belmadar Constructions Pty Ltd v Environmental Solutions International Ltd [2005] VSC 24 Foxcraft v The Ink Group Pty Ltd (1994) 15 ACSR 203 Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd [2011] NSWSC 1305 Sam the Paving Man Pty Ltd v Berem Constructions Pty Ltd (in liq) [2010] NSWSC 868 Category: Procedural and other rulings Parties: Modcol Pty Limited (Plaintiff) National Buildplan Group Pty Limited (Administrators Appointed) (Defendant) Representation: Counsel: F G Kalyk (Plaintiff) J M White (Defendant) Solicitors: Gadens (Plaintiff) Colin Biggers & Paisley (Defendant) File Number(s): 2013/108926
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