New Cap v Renaissance [2002] NSWSC 856

New Cap v Renaissance [2002] NSWSC 856

The cause of action asserted by the liquidator for orders under s.588FF(1) arose in New South Wales, because the acts giving rise to the claim (the payment out by the company and depletion of assets) occurred in NSW, and the winding up is conducted in NSW; the focus is not solely on the act of the defendant receiving money offshore. Service outside Australia under Part 10 rule 1A(a) was therefore authorised.

Jurisdiction
Australia
Judgment Date
19 September 2002
Procedural Posture
Corporations Winding Up Voidable Transactions / Notice of Motion to Set Aside Service/outside Jurisdiction
Outcome
Notice of motion dismissed
Legal Topics
['voidable Transactions' 'winding Up' 'unfair Preference' 'jurisdiction' 'service Outside Australia']
['corporations' 'civil Procedure'] ['voidable Transactions' 'winding Up' 'unfair Preference' 'jurisdiction' 'service Outside Australia']

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Procedural Posture

Corporations Winding Up Voidable Transactions / Notice of Motion to Set Aside Service/outside Jurisdiction

Legal Issues

  1. 1 ['Whether a cause of action under s.588FF(1) Corporations Act for an allegedly voidable transaction arises in New South Wales to support service outside Australia' "Whether the liquidator's application is properly characterised as a complaint against the giving of preference (the act of the company) or against the recipient of funds (the act of the defendant)"]

Ratio Decidendi

The cause of action asserted by the liquidator for orders under s.588FF(1) arose in New South Wales, because the acts giving rise to the claim (the payment out by the company and depletion of assets) occurred in NSW, and the winding up is conducted in NSW; the focus is not solely on the act of the defendant receiving money offshore. Service outside Australia under Part 10 rule 1A(a) was therefore authorised.

Court Disposition

Notice of motion dismissed

Orders

  • ["RRL's notice of motion to set aside service is dismissed"]