Dresna Pty Ltd, In the matter of Linknarf Management Services Pty Ltd (In Liq) v Linknarf Management Services Pty Ltd (In Liq) [2006] FCA 769

Dresna Pty Ltd, In the matter of Linknarf Management Services Pty Ltd (In Liq) v Linknarf Management Services Pty Ltd (In Liq) [2006] FCA 769

Since the plaintiffs' entitlement to a proof of debt was contingent on success in the principal proceeding, and that proceeding was dismissed, the plaintiffs' claim on appeal must also fail and the liquidator's rejection of the proof of debt must be confirmed.

Parties
First Plaintiff: Dresna Pty Ltd (ACN 097 346 784); Second Plaintiff: Devynock Pty Ltd (ACN 006 395 777); Third Plaintiff: Glenville Buildings Pty Ltd (ACN 004 433 372); Fourth Plaintiff: Jalbern Pty Ltd (ACN 078 937 989); Fifth Plaintiff: Le-Rose Nominees Pty Ltd (ACN 004 865 212); Sixth Plaintiff: Lockwood Park Pty Ltd (ACN 006 554 918); Seventh Plaintiff: Ultinel Pty Ltd (ACN 006 179 977); Eighth Plaintiff: Vulkan Pty Ltd (ACN 089 324 247); Ninth Plaintiff: Leo William Blake; Tenth Plaintiff: Rose Maureen Blake; First Defendant: Linknarf Management Services Pty Ltd (In Liquidation) (ACN 000 052 077); Second Defendant: Linknarf Limited (In Liquidation) (ACN 000 929 902)
Jurisdiction
Australia
Judgment Date
20 June 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Proof of Debt, Liquidator Decision, Appeal From Liquidator, Costs
Corporations Proof of Debt Liquidator Decision Appeal From Liquidator Costs

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Dresna Pty Ltd (ACN 097 346 784)

First Plaintiff

Devynock Pty Ltd (ACN 006 395 777)

Second Plaintiff

Glenville Buildings Pty Ltd (ACN 004 433 372)

Third Plaintiff

Jalbern Pty Ltd (ACN 078 937 989)

Fourth Plaintiff

Le-Rose Nominees Pty Ltd (ACN 004 865 212)

Fifth Plaintiff

Lockwood Park Pty Ltd (ACN 006 554 918)

Sixth Plaintiff

Ultinel Pty Ltd (ACN 006 179 977)

Seventh Plaintiff

Vulkan Pty Ltd (ACN 089 324 247)

Eighth Plaintiff

Leo William Blake

Ninth Plaintiff

Rose Maureen Blake

Tenth Plaintiff

Linknarf Management Services Pty Ltd (In Liquidation) (ACN 000 052 077)

First Defendant

Linknarf Limited (In Liquidation) (ACN 000 929 902)

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the liquidator's rejection of the proof of debt or claim should be overturned
  2. 2 Whether plaintiffs are entitled to confirmation of the proof of debt given the outcome in the principal proceeding

Ratio Decidendi

Since the plaintiffs' entitlement to a proof of debt was contingent on success in the principal proceeding, and that proceeding was dismissed, the plaintiffs' claim on appeal must also fail and the liquidator's rejection of the proof of debt must be confirmed.

Court Disposition

appeal dismissed

Orders

  • The liquidator's decision rejecting a formal proof of debt or claim be confirmed.
  • The appeal be dismissed.