Allatech v Construction Management Group [2002] NSWSC 293

Allatech v Construction Management Group [2002] NSWSC 293

Allatech's claim to be a creditor is a claim of substance, not a mere or bare claim. Its material rights or pecuniary interests are substantially affected by the deed of company arrangement, and hence it is an 'other interested person' under s 445D(2)(c) with standing to apply for termination of the deed.

Parties
Plaintiff: Allatech Pty Ltd; First Defendant: Construction Management Group Pty Ltd; Second Defendant: Peter Hillig
Jurisdiction
Australia
Judgment Date
11 April 2002
Procedural Posture
Application / Determination of a Separate Question Under Part 31 of the Supreme Court Rules
Outcome
The plaintiff is determined to be an 'other interested person' within s 445D(2)(c) of the Corporations Act.
Legal Topics
Deed of Company Arrangement, Standing Under S 445 D, Termination of Deed, Creditor Status
Corporate Insolvency Corporations Law Deed of Company Arrangement Standing Under S 445 D Termination of Deed Creditor Status

Case Brief

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Parties

Allatech Pty Ltd

Plaintiff

Construction Management Group Pty Ltd

First Defendant

Peter Hillig

Second Defendant

Procedural Posture

Application / Determination of a Separate Question Under Part 31 of the Supreme Court Rules

Legal Issues

  1. 1 Whether the plaintiff is an 'other interested person' within s 445D(2)(c) of the Corporations Act and has standing to seek termination of the deed of company arrangement

Ratio Decidendi

Allatech's claim to be a creditor is a claim of substance, not a mere or bare claim. Its material rights or pecuniary interests are substantially affected by the deed of company arrangement, and hence it is an 'other interested person' under s 445D(2)(c) with standing to apply for termination of the deed.

Court Disposition

The plaintiff is determined to be an 'other interested person' within s 445D(2)(c) of the Corporations Act.

Orders

  • The Court determines that the plaintiff is an 'other interested person' within the meaning ascribed to the term by s 445D(2)(c) of the Corporations Act.
  • The costs of the application under Part 31 are reserved.