14 Jun 2019
The court was satisfied on the evidence, including the health practitioner's certificate, that the respondent was under a disability due to senile dementia and lacked capacity; consequently the court made vesting orders under s 52(1)(b)(i) of the Trustee Act 1956 to vest the property in the current trustees to enable transfer and sale.
28 Jun 2013
The Court granted the without‑notice order permitting the applicants to act as liquidators because s 92 applies s 280 to limited partnerships, relevant precedents supported granting relief where conflicts are limited to the firm and can be mitigated, urgency and partnership interests justified immediate appointment, and creditor protections (service on known creditors on first report and a five working day window to apply to set aside) were sufficient to protect secured and unsecured creditors.
7 Dec 2009
Leave was granted to bring the proceeding by originating application under Part 19; the Court construed the opening words of s271A(1) as permitting the Court to dispense with the requirement to give notice to liquidators and creditors but not to alter the prescribed contents; however, under its general directions power the Court ordered that the s271A notice may be given by post or email to creditors' last known addresses and removed the proposed requirement that creditors pay a photocopying fee for copies of the application and affidavits since such a fee could impede the fundamental right t…
11 Dec 2006
The court ordered specific amendments to the judgment under r 12, left the defendants' counterclaim for cancellation of the right of way outstanding, and directed that a telephone conference be convened before the Christmas vacation to address costs to date and the further progress of the litigation.