Arpic P/L v Austin Australia P/L [2004] NSWSC 83

CORPORATIONS - voluntary administration - leave to proceed against defendant company in administration - whether plaintiff's application to amend summons is caught by s.440D - whether leave to proceed should be granted in respect of amendment application and summary judgment application where plaintiff seeks restitution on basis of conduct declared by statute to be "unlawful"

 ACTS CITED: Building and Construction Industry Security of Payments Act 1999, s.23, Part 3 of Schedule 2 -Corporations Act 2001 (Cth), s.440D

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