Adams v Zen 28 Pty Ltd & Ors [2010] QSC 36

Procedure – Supreme Court Procedure – Queensland – Procedure under rules of Court – Summary Judgment – where decision made by adjudicator appointed under Building and Construction Industry Payments Act 2004 in favour of applicant against first respondent – where applicant commenced the present proceeding by filing an originating application seeking specific relief against first respondent – where undertakings were given by which the applicant refrained from enforcing the judgment debt and proceedings were adjourned – where consent order signed by parties’ solicitors whereby an undertaking was given by the first and second respondents to provide a bank guarantee and by the applicant to provide a withdrawal of a caveat upon delivery of the bank guarantee – where the first respondent company went into voluntary administration under Part 5.3A Corporations Act – where creditors of the first respondent approved a Deed of Company Arrangement – whether the applicant is a “secured creditor” within the meaning of s 444D(2) of the Corporations Act – whether the terms of the Deed of Company Arrangement can affect the applicant’s rights to realise or otherwise deal with his security......

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