| Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Ltd (FCA) - interlocutory application - corporations - insurance - equitable assignment - leave to commence proceedings against company in liquidation and to join it as respondent |
| Scott v Wondal (NSWSC) - pleadings - possession - bankruptcy - claim for possession in respect of property which formed part of defendant’s estate - no standing to file defence - defence struck out - leave to move for default judgment |
| Meales Concrete Pumping Pty Ltd v Probuild Constructions (Aust) Pty Ltd (VSC) - corporations - statutory demand - amount claimed in statutory demand was a ‘debt’ for purposes of s459E Corporations Act 2001 (Cth) - demand not set aside - proceeding dismissed |
| Summaries With Link (Five Minute Read) |
Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Ltd [2015] FCA 1135
Federal Court of Australia
Beach J
Interlocutory application - corporations - insurance - joinder - equitable assignment - first applicant (APT) sought leave to commence proceedings against second applicant company in liquidation (ITM) pursuant to s500(2) Corporations Act 2001 (Cth) and that ITM be joined as respondent - claim against respondent QBE depended partly on assignment of rights under insurance policy to which ITM was named insured - assignment made under deed to which ITM and APT were parties - held: sole purpose of proposed joinder was to ensure any judgment bound ITM preventing it from pursuing QBE for same claims - APT did not seek relief against ITM - no objection by liquidators - APT had offered usual undertaking - grant of leave and joinder granted.
Australian Pipe
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Scott v Wondal [2015] NSWSC 1577
Supreme Court of New South Wales
Davies J
Pleadings - real property - possession - bankruptcy - standing - plaintiff was joint and several trustee of defendant’s bankrupt estate - plaintiff sought possession defendant’s property which formed part of the bankrupt estate - plaintiff sought to strike out defendant’s defence pursuant to Possession List Practice Note without filing of Notice of Motion - held: defendant had no standing where claim for possession sought in respect of property forming part of defendant’s bankrupt estate - even if defendant had standing, defence did not disclose any defence known to law - defence struck out - plaintiff granted leave to move for default judgment.
Scott
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Meales Concrete Pumping Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2015] VSC 594
Supreme Court of Victoria
Randall AsJ
Corporations - statutory demand - defendant was head contractor under construction subcontract - plaintiff guaranteed performance of subcontractor under construction subcontract agreement - plaintiff pursuant to s459G Corporations Act 2001 (Cth) sought to set aside statutory demand - issue was whether amount set out in statutory demand was a ‘debt’ as word used in s459E - ‘debt’ not defined in the Act - held: Court satisfied that amount in statutory demand was a ‘debt’ for purposes of 459E - amount was ascertainable and calculated by agreement between parties to subcontract, payable within 10 business days of show cause notices - time for payment expired prior to service of statutory demand - proceeding dismissed.
Meales
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