Hewlett Packard Australia Pty Ltd v Siltek Holdings Pty Ltd [2005] NSWSC 672

Hewlett Packard Australia Pty Ltd v Siltek Holdings Pty Ltd [2005] NSWSC 672

As the plaintiff's claims are of a proprietary nature and fall outside the scope of the proof of debt system, with no opposition from the liquidators and an apparently arguable case made out, leave to proceed against the companies in liquidation is granted.

Jurisdiction
Australia
Judgment Date
08 July 2005
Procedural Posture
Corporations Application for Leave to Proceed Against Companies in Liquidation / Leave Application Determination
Outcome
Leave to proceed granted
Legal Topics
['winding Up' 'leave to Proceed' 'proprietary Claims' 'proof of Debt']
['corporations Law'] ['winding Up' 'leave to Proceed' 'proprietary Claims' 'proof of Debt']

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Procedural Posture

Corporations Application for Leave to Proceed Against Companies in Liquidation / Leave Application Determination

Legal Issues

  1. 1 ['Whether leave should be granted to proceed against companies in liquidation under ss.471B and 500(2) of the Corporations Act 2001 (Cth)']

Ratio Decidendi

As the plaintiff's claims are of a proprietary nature and fall outside the scope of the proof of debt system, with no opposition from the liquidators and an apparently arguable case made out, leave to proceed against the companies in liquidation is granted.

Court Disposition

Leave to proceed granted

Orders

  • ['Leave is granted to the plaintiff under s.471B of the Corporations Act 2001 (Cth) to proceed with this proceeding 1502/05 against Siltek Holdings Pty Limited.' 'Leave is granted to the plaintiff under s.500(2) of the Corporations Act 2001 (Cth) to proceed with this proceeding 1502/05 against Siltek Asia Pacific...