27 Jun 1996
AUSTRALIAN TELEPHONE DISTRIBUTORS PTY LTD. (IN LIQUIDATION) v. GOLDEN ALWAYS LTD AND ANOTHER
- Citation
- AUSTRALIAN TELEPHONE DISTRIBUTORS PTY LTD. (IN LIQUIDATION) v. GOLDEN ALWAYS LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV88/1996
The allocatur certified sum (HK$197,064.04) became immediately due and payable upon certification and the failure to serve a copy did not prevent the debt being created; notwithstanding that, the court exercised its discretion not to wind up the companies immediately but instead set aside the dismissal below and ordered that all further proceedings in both petitions be stayed on undertakings by the director to prosecute Golden's counterclaim and Paradigm's appeal, with liberty to the petitioning creditor to apply to lift the stay; no order as to costs of the appeal was made.