SOLOMON v CORPORATE AFFAIRS COMMISSION [1989] NSWCA 188

SOLOMON v CORPORATE AFFAIRS COMMISSION [1989] NSWCA 188

Relief against a receiver for disposition of assets of a company in liquidation should be brought in the Equity Division, not the Court of Appeal, and the motion is remitted accordingly; the first claimant is ordered to pay opponents' costs.

Parties
First Claimant: Eddie Solomon; Opponent: Corporate Affairs Commission; Second Opponent, Receiver: Alexander Robert McKay McIntosh; Second Opponent: wife of the claimant; Claimants: companies (unnamed)
Jurisdiction
Australia
Judgment Date
04 September 1989
Procedural Posture
Motion / Preliminary Motion Before the Court of Appeal
Outcome
motion remitted to Equity Division; costs ordered against first claimant
Legal Topics
Receivership, Costs, Jurisdiction, Company Liquidation
Corporate Law Receivership Costs Jurisdiction Company Liquidation

Case Brief

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Parties

Eddie Solomon

First Claimant

Corporate Affairs Commission

Opponent

Alexander Robert McKay McIntosh

Second Opponent, Receiver

wife of the claimant

Second Opponent

companies (unnamed)

Claimants

Procedural Posture

Motion / Preliminary Motion Before the Court of Appeal

Legal Issues

  1. 1 Is the Court of Appeal the proper forum for relief against a receiver in matters relating to disposition of assets of a company in liquidation?
  2. 2 Should the receiver be ordered to pay the claimant's legal expenses for an appeal out of the funds held by the receiver?
  3. 3 Was proper notice given to the Attorney General as ordered by Young J?

Ratio Decidendi

Relief against a receiver for disposition of assets of a company in liquidation should be brought in the Equity Division, not the Court of Appeal, and the motion is remitted accordingly; the first claimant is ordered to pay opponents' costs.

Court Disposition

motion remitted to Equity Division; costs ordered against first claimant

Orders

  • The notice of motion is remitted to the Equity Division.
  • The first claimant to pay the opponents' costs in the Court of Appeal.