- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
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
Click here to read full-screen | Click here to print the case