Smart Company Pty Ltd (In Liquidation) v Clipsal Australia Pty Ltd [2011] FCA 35

Smart Company Pty Ltd (In Liquidation) v Clipsal Australia Pty Ltd [2011] FCA 35

The application was dismissed because the Deeds of Assignment relied on were declared void by the Supreme Court of South Australia, the applicant company remains the owner of the chose in action, s 236/237 did not apply due to liquidation, and it was inappropriate in the circumstances (including lack of disclosure,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 February 2011
Procedural Posture
Application/interlocutory / Application for Intervention/joinder and Continuation in Liquidation Context; Dismissal of Application
Outcome
Application dismissed
Legal Topics
['intervention/joinder of Parties' 'assignment of Chose in Action' 'leave to Continue Proceedings on Behalf of Company in Liquidation' 'corporate Liquidation Procedure']
['corporations Law' 'practice and Procedure'] ['intervention/joinder of Parties' 'assignment of Chose in Action' 'leave to Continue Proceedings on Behalf of Company in Liquidation' 'corporate Liquidation Procedure']

Source-derived case record

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Procedural Posture

Application/interlocutory / Application for Intervention/joinder and Continuation in Liquidation Context; Dismissal of Application

Legal Issues

  1. 1 ['Whether the purported assignment of the chose in action was valid' 'Whether a contributory could be joined or continue proceedings in the name of a company in liquidation under implied power' 'Whether ss 236 and 237 of the Corporations Act 2001 (Cth) apply when a company is in liquidation']

Ratio Decidendi

The application was dismissed because the Deeds of Assignment relied on were declared void by the Supreme Court of South Australia, the applicant company remains the owner of the chose in action, s 236/237 did not apply due to liquidation, and it was inappropriate in the circumstances (including lack of disclosure, financial uncertainty and conflict) to exercise any inherent or implied power to allow EGR, as contributory and trustee, to continue or be joined to the proceedings.

Court Disposition

Application dismissed

Orders

  • ["Enterprise Global Resources Pty Ltd's amended notice of motion be dismissed."]