In the Matter of Stuart Bros Pty Ltd [1995] FCA 153

In the Matter of Stuart Bros Pty Ltd [1995] FCA 153

Sufficient basis was shown, consistent with the principles laid down in Vagrand, to justify the grant of leave to proceed against the company in provisional liquidation, particularly in light of confusion caused by company actions.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 February 1995
Procedural Posture
Application / Interlocutory (application for Leave to Proceed Against Company in Provisional Liquidation)
Outcome
Application allowed
Legal Topics
['leave to Proceed Against Company in Provisional Liquidation' 'mistake' 'estoppel' 'misrepresentation']
['corporations Law' 'insolvency'] ['leave to Proceed Against Company in Provisional Liquidation' 'mistake' 'estoppel' 'misrepresentation']

Source-derived case record

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Procedural Posture

Application / Interlocutory (application for Leave to Proceed Against Company in Provisional Liquidation)

Legal Issues

  1. 1 ['Whether the bank should be granted leave under s. 471B of the Corporations Law to commence proceedings against the company in provisional liquidation.']

Ratio Decidendi

Sufficient basis was shown, consistent with the principles laid down in Vagrand, to justify the grant of leave to proceed against the company in provisional liquidation, particularly in light of confusion caused by company actions.

Court Disposition

Application allowed

Orders

  • ['Order in terms of paragraph 1 of the notice of motion granted.' 'Costs of the application to be costs in the principal proceeding.' 'Any order in the proceeding to be instituted may not be enforced without leave of the Court.']