Gloria Marshall Australia Pty Ltd (In liq) v Bell Press Pty Ltd & Ors [2002] NSWSC 1191

Gloria Marshall Australia Pty Ltd (In liq) v Bell Press Pty Ltd & Ors [2002] NSWSC 1191

Because the issues were not yet clear and solvency was almost certainly a matter that should not be determined locally and probably needed to be determined first, it was appropriate to grant the liquidator's order to proceed with the defendants in one action, while protecting defendants against undue expense through directions. The fourth defendant's referral application was stood over.

Jurisdiction
Australia
Judgment Date
06 December 2002
Procedural Posture
Corporations Winding Up Preference Claims / Interlocutory Processes Concerning Joinder or Management of Defendants in One Action and Referral of One Defendant's Matter to Another Court
Outcome
Orders made.
Legal Topics
['winding Up' 'preference Claims' 'procedure for Trying Preference Claims' 'choice of Forum and Venue' 'transfer of Application']
['corporations Law' 'insolvency' 'civil Procedure'] ['winding Up' 'preference Claims' 'procedure for Trying Preference Claims' 'choice of Forum and Venue' 'transfer of Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Winding Up Preference Claims / Interlocutory Processes Concerning Joinder or Management of Defendants in One Action and Referral of One Defendant's Matter to Another Court

Legal Issues

  1. 1 ['Whether alleged recipients of preferential payments should be included in one action brought by the liquidator.' "Whether the fourth defendant's matter should be referred to the Magistrate's Court at Southport Queensland." 'How the proceedings should be managed before the issues, including solvency and matters affecting individual defendants, are clarified.']

Ratio Decidendi

Because the issues were not yet clear and solvency was almost certainly a matter that should not be determined locally and probably needed to be determined first, it was appropriate to grant the liquidator's order to proceed with the defendants in one action, while protecting defendants against undue expense through directions. The fourth defendant's referral application was stood over.

Court Disposition

Orders made.

Orders

  • ['On or before 20 January 2003 the plaintiff file and serve all the evidence upon which it relies on the issue of solvency and points of claim.' 'The defendants file and serve no later than 20 February 2003 a list of the matters asserted by the liquidator which they intend to dispute and what they consider to be the...