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[2013] ACTSC 223
Supreme Court of the ACT
2013-11-11
Original judgment source is linked above.
I certify that the preceding forty-seven (47) numbered paragraphs are a true copy of the Reasons for Judgment herein of Master Mossop.
Counsel for the defendant: The defendant appeared in person
Solicitors for the first defendant Ashurst Australia
Australia And New Zealand Banking Group Limited
Manny, Sims, Parbery, O�keeffe and Smith
Carpenter v Pioneer Park Pty Ltd [2008] NSWSC 551; (2008) 71 NSWLR 577
Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337
Farah Constructions v Say-Dee [2007] HCA 22; (2007) 230 CLR 89
Florgale Uniforms Pty Ltd v Orders [2004] VSC 65; (2004) 11 VR 54
GE Capital Australia v Davis [2002] NSWSC 1146; (2002) 180 FLR 250
Gahahan Pty Limited (In Liquidation) v Advance Bank of Australian Limited [2001] ACTSC 118
Jovanovic v Commonwealth Bank of Australia [2004] SASC 61; (2004) 87 SASR 570
Mills v Sheahan [2006] SASC 162; (2006) 95 SASR 49
Permanent Custodians Limited v AGB Developments Pty Ltd [2010] NSWSC 540
Ultimate Property Group Pty Ltd v Lord [2004] NSWSC 114; (2004) 60 NSWLR 646
27. There is, however, a reference to ss 236 and 237 in that part of his application which identifies the statutory provisions upon which it is based. Even if I was to treat the application as an application for leave under those provisions they have no application where a company is in liquidation: see Chahwan v Euphoric Pty Ltd [2008] NSWCA 52; (2008) 65 ACSR 661. Therefore not only does Mr Manny not have leave to bring proceedings on the part of the companies, he could not obtain leave under ss 236 and 237.
(2008) 71 NSWLR 577
(2000) 205 CLR 337
(2007) 230 CLR 89
(2004) 11 VR 54
(2002) 180 FLR 250
(2004) 87 SASR 570
(2006) 95 SASR 49
(2004) 60 NSWLR 646
(1991) 26 NSWLR 700