In the matter of International Trade & Tenders (In Liquidation) and the Corporations Law Elisjones v Green [2001] NSWSC 111

In the matter of International Trade & Tenders (In Liquidation) and the Corporations Law Elisjones v Green [2001] NSWSC 111

The applicant's appeal succeeds as the evidence supports an agreement for annual wages of $100,000 during her employment. Letters signed by the managing director and company records substantiate the claim.

Parties
Applicant: Barbara Elisjones; Respondent: John Duncan Green
Jurisdiction
Australia
Judgment Date
21 February 2001
Procedural Posture
Appeal / Appeal From Liquidator's Decision on Proof of Debt
Outcome
Appeal upheld
Legal Topics
Winding Up, Proof of Debt, Unpaid Wages, Agreement as to Wages
Corporations Contract Winding Up Proof of Debt Unpaid Wages Agreement as to Wages

Case Brief

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Parties

Barbara Elisjones

Applicant

John Duncan Green

Respondent

Procedural Posture

Appeal / Appeal From Liquidator's Decision on Proof of Debt

Legal Issues

  1. 1 Whether applicant was entitled to unpaid wages as claimed in proof of debt
  2. 2 Whether there was an agreement as to wages between applicant and company

Ratio Decidendi

The applicant's appeal succeeds as the evidence supports an agreement for annual wages of $100,000 during her employment. Letters signed by the managing director and company records substantiate the claim.

Court Disposition

Appeal upheld

Orders

  • Appeal against proof of debt allowed; parties to agree on calculation of amount in light of decision.