AZTECH SCIENCE PTY LTD v ATLANTA AEROSPACE (WOY WOY) PTY LTD & ANOR [NO. 2] [2006] NSWCA 36

AZTECH SCIENCE PTY LTD v ATLANTA AEROSPACE (WOY WOY) PTY LTD & ANOR [NO. 2] [2006] NSWCA 36

Because Wilcox J granted leave under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to take fresh steps and continue the Supreme Court proceedings, it was appropriate to make the orders previously proposed by the Court of Appeal, allowing the appeal, setting aside Barrett J's judgment, and making the declarations under the contract and s 131(1) of the Corporations Act 2001.

Jurisdiction
Australia
Judgment Date
06 March 2006
Procedural Posture
Appeal From Supreme Court of New South Wales, Equity Division / Final Orders After Federal Court Leave to Continue Proceedings
Outcome
Appeal allowed with costs; judgment of Barrett J set aside; declarations made; matter remitted to the Equity Division.
Legal Topics
['pre Registration Contracts' 'ratification Under S 131(1) of the Corporations Act 2001' 'assignment of Property in Work and Confidential Information' 'leave to Continue Proceedings Against Bankrupt Respondent']
['corporations Law' 'contract Law' 'bankruptcy Law' 'civil Procedure'] ['pre Registration Contracts' 'ratification Under S 131(1) of the Corporations Act 2001' 'assignment of Property in Work and Confidential Information' 'leave to Continue Proceedings Against Bankrupt Respondent']

Case Brief

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Procedural Posture

Appeal From Supreme Court of New South Wales, Equity Division / Final Orders After Federal Court Leave to Continue Proceedings

Legal Issues

  1. 1 ['Whether, after leave was granted under s 58(3)(b) of the Bankruptcy Act 1966 (Cth), the Court should make the orders proposed in its earlier judgment.' 'Whether Aztech Science Pty Ltd became bound by and entitled to the benefit of a contract entered into before it was formed under s 131(1) of the Corporations Act 2001.' 'Whether Atlanta Aerospace (Woy Woy) Pty Ltd assigned to Aztech Science Pty Ltd all property in the Work and Confidential Information as defined in the contract.']

Ratio Decidendi

Because Wilcox J granted leave under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to take fresh steps and continue the Supreme Court proceedings, it was appropriate to make the orders previously proposed by the Court of Appeal, allowing the appeal, setting aside Barrett J's judgment, and making the declarations under the contract and s 131(1) of the Corporations Act 2001.

Court Disposition

Appeal allowed with costs; judgment of Barrett J set aside; declarations made; matter remitted to the Equity Division.

Orders

  • ['Appeal allowed with costs.' 'Judgment of Barrett J of 19 October 2004 set aside.' 'Declare that, pursuant to a contract entered into by Mr Azzi, Dr Daevys and Atlanta Aerospace (Woy Woy) Pty Ltd, on 19 December 2002, which contract was entered into for the benefit of Aztech Science Pty Ltd a company not then...