Independent Civil Contractors P/L v JGE Earthmoving P/L [2007] NSWSC 132

CORPORATIONS - winding up - creditors voluntary winding up - application for leave to proceed with cross-claim against company in Local Court proceedings - where company was plaintiff in those proceedings but assigned cause of action after commencement of winding up - assignee substituted as plaintiff in Local Court - whether set-off pursuant to s.553C had occurred - because it had not, no need for applicant's claim to be pursued in existing proceedings

LEGISLATION CITED: Bankruptcy Act 1966 (Cth), s.86 Building and Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth), Part 5.3A, ss.471B, 500(2), 553(1), 553C

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