7Steel Building Solutions Pty Ltd v Wright [2011] FCA 328

7Steel Building Solutions Pty Ltd v Wright [2011] FCA 328

Leave to continue the Supreme Court proceedings should be granted under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) as the claims are most likely provable debts, are factually and legally complex, involve multiple parties, and are best resolved in the Supreme Court; leave is given even though it is unnecessary to decide if leave is strictly required.

Jurisdiction
Australia
Judgment Date
07 April 2011
Procedural Posture
Application for Leave to Continue Proceedings / Judgment on Application for Leave
Outcome
Leave granted to Applicant to continue Supreme Court proceedings against First Respondent; leave deemed granted from 12 November 2010; each party to pay its own costs.
Legal Topics
['leave to Continue Proceedings' 'provable Debts' 'effects of Bankruptcy' 'supreme Court Proceedings']
['bankruptcy'] ['leave to Continue Proceedings' 'provable Debts' 'effects of Bankruptcy' 'supreme Court Proceedings']

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Procedural Posture

Application for Leave to Continue Proceedings / Judgment on Application for Leave

Legal Issues

  1. 1 ['Whether leave should be granted to continue Supreme Court proceedings against a bankrupt under s 58(3)(b) of the Bankruptcy Act 1966 (Cth)' "Whether claims made against the bankrupt are 'provable debts' under s 82 of the Bankruptcy Act" 'Whether leave can be granted without determining if leave is strictly required']

Ratio Decidendi

Leave to continue the Supreme Court proceedings should be granted under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) as the claims are most likely provable debts, are factually and legally complex, involve multiple parties, and are best resolved in the Supreme Court; leave is given even though it is unnecessary to decide if leave is strictly required.

Court Disposition

Leave granted to Applicant to continue Supreme Court proceedings against First Respondent; leave deemed granted from 12 November 2010; each party to pay its own costs.

Orders

  • ['Leave granted to 7Steel Building Solutions Pty Ltd to take fresh steps in and continue Supreme Court of New South Wales proceedings (Case No. 2010/304280) against the First Respondent to determine entitlement to relief specified in certain paragraphs of the Summons.' 'For Order 1, leave to continue proceedings is...