Australian Bulletin Cases - Full Index
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| Area of Law | Bulletin | Case Name | Title in Bulletin |
|---|---|---|---|
| Administration / Defamation | Vol 1, No 3, September 2000 | Samsun Pty Ltd & Ors v Andrew Wily & Anor [2000] NSWSC 281 (7 April 2000) | Be careful what you say about business failures |
| Arbitration | Vol 3, No 5, July 2002 | CMC Cairns P/L v Isicob P/L [2002] QCA 181 (31 May 2002) | Going to arbitration - how late can you leave it ? |
| Bankruptcy | Vol 1, No 1, July 2000 | Mayger v Prentice, in the matter of Mayger [2000] FCA 99 (9 February 2000) | Bankrupt's right to travel overseas |
| Bankruptcy | Vol 1, No 2, August 2000 | Unicomb v Official Trustee in Bankruptcy [2000] FCA 457 (11 April 2000) | Can trustees take bankrupt's demutualisation shares? |
| Bankruptcy | Vol 1, No 3, September 2000 | Commonwealth Bank of Australia v Heinrich [2000] FCA 1255 (6 September 2000) | Why don't they use juries in civil matters? |
| Bankruptcy | Vol 2, No 2, March 2001 | Colquhoun v Graffione (Administrator), in the matter of Colquhoun [2000] FCA 325 (22 March 2000) | Death of a Bankrupt |
| Bankruptcy | Vol 2, No 4, July 2001 | Spicer v Wily [2000] FCA 1200 (30 August 2000) | Overturning a Part X arrangement |
| Bankruptcy | Vol 4, No 1, January 2003 | Birdseye v Companies Auditors and Liquidators Disciplinary Board [2002] FCAFC 284 (10 September 2002) | Attempt by bankrupt to defeat the statutory requirement of deregistration |
| Bankruptcy | Vol 3, No 2, February 2002 | Edge Technology Pty Ltd v Wang [2000] FCA 1586 (24 October 2000) | Leaving Australia was act of bankruptcy |
| Bankruptcy | Vol 4, No 1, January 2003 | Grundy v Wattyl Australia Limited [2002] FCA 1539 (11 December 2002) | Bankrupt fights on...and on...and on |
| Bankruptcy | Vol 4, No 2, February 2003 | Teese v Clinch & Ord [2002] FMCA 205 (10 September 2002) | Extending stays of proceedings, and the further borrowing of money... |
| Bankruptcy | Vol 4, No 4, April 2003 | Beames v Khatri [2002] FCA 1381 (6 November 2002) | Bankrupt sues his trustee for $40 million |
| Bankruptcy / Abuse of Process | Vol 1, No 4, October 2000 | Bowin Designs Pty Ltd v Leslie [2000] FCA 530 (7 March 2000) | Stay of bankruptcy - process not to be abused |
| Bankruptcy / Costs | Vol 2, No 8, Christmas 2001 | Lawindi, in the matter of Elkateb v Elkateb [2001] FCA 1527 (31 October 2001) | Bankrupt could not get out of paying creditor's costs |
| Bankruptcy / Trustees | Vol 3, No 7, September 2002 | Hughes v Holbrook [2002] FCA 920 (26 July 2002) | Unhappy bankrupts try to remove their trustee in bankruptcy |
| Bankruptcy / Voidable Transfers | Vol 3, No 1, January 2002 | Lumsden v Snelson [2001] FCA 83 (14 February 2001) | Trying to take property out of reach of creditors |
| Bankruptcy Notices | Vol 1, No 1, July 2000 | Somes v Duke Group Ltd [2000] FCA 248 (13 March 2000) | One from the crazy numbers department |
| Bankruptcy Notices | Vol 2, No 1, January 2001 | Circle Credit Co-op Ltd v Lilikakis [2000] FCA 667 (19 May 2000) | Don't try this at home |
| Bankruptcy Notices | Vol 2, No 4, July 2001 | Wright v Australian & New Zealand Banking Group Ltd [2001] FCA 386 (5 April 2001) | Whoops! Mistakes in the bankruptcy notice |
| Bankruptcy Notices | Vol 3, No 1, January 2002 | Vereker & Ors, in the matter of Timbs v Timbs [2001] FCA 1776 (14 December 2001) | Exactly how much did the debtor have to pay? |
| Bankruptcy Notices | Vol 4, No 4, April 2003 | Commonwealth Development Bank of Australia Ltd v Adams [2002] FCA 225 (20 February 2002) | Bankruptcy notices referred to the wrong section - were they valid? |
| Bankruptcy Notices / Petitions | Vol 2, No 5, September 2001 | Reasonable Endeavours Pty Ltd v Dennehy [2001] FCA 188 (9 March 2001) | Can you bankrupt a debtor 10 years after judgment? |
| Bankruptcy Notices / Petitions | Vol 4, No 4, April 2003 | Valassis, in the matter of Valassis v Bernard [2003] FCA 22 (20 January 2003) | Debtor didn't appear because he was dead |
| Caveats | Vol 2, No 1, January 2001 | Bagley v Pinebelt Pty Ltd [2000] NSWSC 655 (7 July 2000) | Lodging a caveat? Beware! |
| Commission Payments | Vol 3, No 6, August 2002 | Investmentsource v Knox [2002] NSWSC 710 (15 August 2002) | Judge - "The law harsh? It certainly seems it to me" |
| Consumer Credit Code | Vol 2, No 3, May 2001 | Giampaolo v Esanda Finance Corporation Ltd [2001] VSC 71 (8 March 2001) | Consumer loan or business loan? |
| Consumer Credit Code | Vol 4, No 2, February 2003 | NRMA Finance Ltd v Various Debtors [2002] NSWCTTT 53 (19 April 2002) | Small mistakes by finance company lead to $30,000 penalty |
| Consumer Credit Code | Vol 4, No 2, February 2003 | New Capital Finance P/L v Miller [2002] QDC 291 (25 September 2002) | The Consumer Credit Code and default notices |
| Contempt of Court | Vol 1, No 4, October 2000 | Anissa Pty Ltd v Parsons (on application of the Prothonotary of the Supreme Court of Victoria) [1999] VSC 430 (8 November 1999) | Bugger me! Just what can you say? |
| Contractors' Debts | Vol 3, No 6, August 2002 | De Martin & Gasparini v Ex Parte - Energy Australia [2002] NSWSC 55 (15 February 2002) | Section 14(1) of the Contractors Debts Act (NSW) considered for the first time! |
| Costs | Vol 1, No 2, August 2000 | Cinema Center Services Pty Limited v Eastaway Air Conditioning Pty Limited [2000] ACTSC 17 (15 February 2000) | Think carefully about settlement offers |
| Costs | Vol 2, No 8, Christmas 2001 | Scanlan v Greenport Nominees Pty Ltd [2001] WASC 307 (9 November 2001) | Security for costs and a plaintiff with no money |
| Credit Contracts | Vol 3, No 1, January 2002 | Narni Pty Ltd v National Australia Bank Limited [2001] VSCA 31 (30 March 2001) | "It was the bank's fault for bouncing our cheques" |
| Debt Liability | Vol 3, No 4, June 2002 | Pollak v National Australia Bank Limited [2002] FCA 237 (14 March 2002) | Joint and several liability for a debt |
| Director's Duties | Vol 3, No 7, September 2002 | ASIC v Adler & 4 Ors [2002] NSWSC 171 (14 March 2002) | The wrong time to buy tech stocks! |
| Director's Duties / Liabilities | Vol 2, No 7, October 2001 | Natcomp Technology Australia Pty Limited v Graiche [2001] NSWCA 120 (30 April 2001) | What does it take to be a "de facto director"? |
| Director's Duties / Liabilities | Vol 3, No 5, July 2002 | Swansson v Pratt [2002] NSWSC 583 (3 July 2002) | Ex-director claims didn't know company existed! |
| Disqualification of Director | Vol 1, No 3, September 2000 | Pace v Australian Securities & Investments Commission [1999] WASC 151 (31 August 1999) | Company survives loss of director |
| Document Receipting | Vol 4, No 3, March 2003 | Cincotta v Jones [2002] FCA 937 (16 July 2002) | It's their word against yours - do you have a thorough system for receipting documents? |
| Enforcement of Judgement | Vol 3, No 5, July 2002 | Lunt v WRS Pacific Pty Ltd [2002] WASC 27 (21 February2002) | Whose goods did the sheriff seize? |
| Guarantees | Vol 1, No 1, July 2000 | Equuscorp Pty Ltd v Worts [2000] VSC 179 (10 May 2000) | Brothers' guarantees may be like those of wives (very hard to enforce) |
| Guarantees | Vol 1, No 2, August 2000 | Dimitrakipoulos and Anor v Farm Pride Foods Ltd [2000] QCA 80 (24 March 2000) | This is not the way to take a guarantee |
| Guarantees | Vol 2, No 7, October 2001 | Tranchita -v- Retravision (WA) Pty Ltd [2001] WASCA 265 (30 August 2001) | A businessman regrets not reading the document |
| Guarantees | Vol 2, No 8, Christmas 2001 | Ghiradi v Allregal Corporation Pty Ltd [2001] WASCA 366 (23 November 2001) | The benefit of a well-drafted guarantee |
| Guarantees (undue influence) | Vol 2, No 3, May 2001 | Commonwealth Bank of Australia v Ridout Nominees Pty Ltd & Ors [2000] WASC 37 (28 February 2000) | Stretching the concept of undue influence |
| Guarantees / Bankruptcy | Vol 3, No 7, September 2002 | Jones v Khera [2002] NSWSC 69 (20 February 2002) | Was one guarantor off the hook when the co-guarantor went bankrupt? |
| Guarantees / Director's Duties | Vol 3, No 7, September 2002 | White & Anor v State Bank of New South Wales [2002] NSWCA 241 (29 July 2002) | Exclusion clause saves the bank |
| Guarantees / Mortgagee Sales | Vol 2, No 1, January 2001 | Westpac v Lakajev [2000] NSWSC 603 (27 June 2000) | Best price in a mortgagee sale, in a recession |
| Harassment / ACCC | Vol 1, No 2, August 2000 | Australian Competition & Consumer Commission v McCaskey [2000] FCA 1037. (1 August 2000) | Undue harassment of debtors - first ACCC case |
| Insolvent Trading | Vol 2, No 3, May 2001 | Powell and Duncan v Fryer, Tonkin and Perry (2000) ACLC 480 (14 April 2000) | Directors liable for company debts |
| Insolvent Trading | Vol 2, No 4, July 2001 | Milner v Ali [2000] QDC 107 (29 February 2000) | Making directors pay |
| Insolvent Trading | Vol 3, No 1, January 2002 | Harrison v Lewis [2001] VSC 27 (23 February 2001) | When is a debt incurred and why is this important? |
| Liens | Vol 2, No 1, January 2001 | CLC Corporation v Read & Ors [2000] WASC 109 (5 May 2000) | Solicitors lien fails |
| Liquidation | Vol 1, No 1, July 2000 | Elfic Limited (ACN 007 606 206) & Ors v Peter Ivan Macks & Ors and GIO Insurance Limited (ACN 052 179 647) and The Commonwealth Bank of Australia Ltd | Okay to fund liquidators' legal actions |
| Liquidation | Vol 1, No 5, November / December 2000 | Re Macks; Ex Parte Saint and Re Macks; Ex Parte Johnson | Chaos averted |
| Liquidation | Vol 2, No 1, January 2001 | Hawkwood Holdings Pty Ltd & Anor v Christopher Williamson the Liquidator of Merlino Construction Services Pty Ltd (In Liq) (Receivers and Managers App | Liquidator voting in his own interest - case 1 |
| Liquidation | Vol 2, No 5, September 2001 | State Bank of NSW & Anor. v. Brown & Ors [2001] NSWCA 223 (10 July 2001) | Risk-taking creditors rewarded |
| Liquidation | Vol 4, No 1, January 2003 | Nortel v Coretel [2002] NSWSC 799 (3 September 2002) | Creditor tries to get company in administration wound up |
| Liquidation | Vol 3, No 6, August 2002 | Ferrinda & Anor v Bendigo Bank Ltd WASC 169 (26 June 2002) | Directors of failed company try to avoid examination |
| Liquidation | Vol 3, No 6, August 2002 | National Australia Bank Ltd v Wily [2002] NSWSC 573 (27 June 2002) | Liquidator used the directors' lawyer - was this a conflict that justified his removal? |
| Liquidation / Cheque Conversion | Vol 3, No 2, February 2002 | Sanwa Australia Finance Ltd v Finchill Pty Ltd [2001] NSWCA 466 (13 December 2001) | Endorsing cheques meant liability in conversion |
| Liquidation / Creditors | Vol 1, No 5, November / December 2000 | National Australia Bank Ltd v Market Holdings Pty Ltd [2000] NSWSC 1009 (26 October 2000) | Who gets to vote at creditors meetings? |
| Liquidation / Director's Liabilities | Vol 2, No 7, October 2001 | Southern Cross Interiors Pty Ltd v Deputy Commissioner of Taxation [2001] NSWSC 621 (31 Aug 2001) | Judge accepts "sexually transmitted debt" defence |
| Liquidation / Personal Liability | Vol 3, No 2, February 2002 | Nilant v Shenton [2001] WASCA 421 (20 December 2001) | Bankrupt not personally liable for loan he arranged |
| Liquidation / Unfair Transactions | Vol 2, No 2, March 2001 | Beveridge v Whitton [2001] NSWCA 6 | Working for a client you know is insolvent |
| Liquidation / Unpaid Shares | Vol 3, No 4, June 2002 | Wright v Mansell [2001] FCA 1519 (29 October 2001) | Executive's liability for unpaid company shares |
| Liquidation / Unpaid Shares | Vol 4, No 8, August 2003 | R v Hodgson No. SCCRM-02-244 [2002] SASC 349 (24 October 2002) | CFO sentenced to five and a half years imprisonment |
| Liquidators Remuneration | Vol 4, No 2, February 2003 | Anderson Group [2002] NSWSC 764 (29 August 2002) | Was $142,252 fair remuneration for the liquidator? |
| Mareva Injuctions | Vol 2, No 8, Christmas 2001 | Wise v Icons Worldwide Marketing Pty Ltd [2000] FCA 1800 (8 December 2000) | Mareva injunctions - a tool you should know about |
| Mareva Orders | Vol 4, No 1, January 2003 | Consolidated Constructions Pty Ltd v Bellenville Pty Ltd [2002] FCA 1513 (4 Dec 2002) | $3m Mareva order, $2 company |
| Mortgagee Sales | Vol 1, No 1, July 2000 | Nilrem Nominees Pty Ltd & Ors v Karaley Pty Ltd [2000] WASC 82 (31 March 2000) | Getting a fair price in a mortgagee sale |
| Mortgagee Sales / Garnishee | Vol 2, No 4, July 2001 | Coshott v Learoyd [2001] FCA 88 (16 February 2001) | Garnishee of the surplus from a mortgagee sale |
| Mortgages / Consumer Credit Code | Vol 3, No 4, June 2002 | Taylor & Taylor v Third Szable Holdings Pty Ltd & Secretary to the Dept of Justice [2001] VCAT 1841 (28 August 2001) | Company loan for consumer purposes? |
| Mortgages / Farm Debt Mediation Act | Vol 2, No 5, September 2001 | Lawloan Mortgages Pty Ltd v Hancock & Ors [2001] NSWSC 607 (20 July 2001) | When is a ranch not a farm? |
| Mortgages / Guarantees | Vol 1, No 4, October 2000 | Ribchenkov v Suncorp-Metway Limited [2000] FCA 835 (21 June 2000) | Lending to those who don't speak English |
| Mortgages / Guarantees | Vol 2, No 7, October 2001 | Sapuppo v Ribchenkov [2001] FCA 1428 (11 October 2001) | Remember Mrs Ribchenkov? |
| Partnerships / Statutory Demands | Vol 2, No 8, Christmas 2001 | Toorallie v Black [2001] NSWSC 1088 (28 November 2001) | Do the current partners equal the former partners? |
| Payment Agreements | Vol 1, No 4, October 2000 | Baker Johnson Lawyers v Suncorp General Insurance Ltd [1999] QDC 297 (23 December 1999) | What happens if a third party fails to pay? |
| Priority | Vol 4, No 1, January 2003 | Re Home Corp Projects [2002] NSWSC 879 (27 September 2002) | How much money was the funding creditor entitled to? |
| Privacy / Disclosure | Vol 4, No 2, February 2003 | B v Private Health Insurer [2002] PrivCmrA 2 | Whoops! How not to treat sensitive information |
| Provable Debts | Vol 4, No 4, April 2003 | Mansfield v State of Victoria [2002] FCA 1175 | Can you avoid your parking fines by going bankrupt? |
| Receivership | Vol 1, No 5, November / December 2000 | Reuters Australia Pty Ltd v The Credit Connection Pty Ltd [2000] NSWSC 221 (13 March 2000) | When debt collectors don't pay their clients |
| Registration of Security Interests | Vol 2, No 1, January 2001 | Montedeen Pty Limited v Rossfield Nominees (ACT) Pty Limited [2000] NSWCA 112 (5 May 2000) | Classic example of why lenders register securities |
| Registration of Security Interests | Vol 2, No 8, Christmas 2001 | Hart v Mossensons [2000] WASC 295 (6 December 2000) | Bill of sale not registered? Sue the lawyer! |
| Remitting Costs Order | Vol 4, No 3, March 2003 | Muldowney v Flinders University No. SCCIV-02-267 [2002] SASC 313 (17 September 2002) | No chance of paying - should the court remit a costs order? |
| Repossession / Assault | Vol 4, No 3, March 2003 | Toyota Finance Australia Ltd v Dennis & Ors; Tekitu Pty Ltd V Dennis & Anor [2002] NSWCA 369 (19 November 2002) | This collector assaulted a debtor's wife when pursuing payment of $1,700 arrears. Was it worth it? |
| Retention of Title Clauses | Vol 2, No 3, May 2001 | Associated Alloys Pty Limited v ACN 001 452 106 Pty Limited [2000] HCA 25 (11 May 2000) | Big news for ROT (Romalpa clause) creditors |
| Romalpa Clauses / Guarantees | Vol 4, No 3, March 2003 | Messagemate Aust P/L v National Credit Insurance (Brokers) P/L & Ors [2002] SASC 327 (1 October 2002) | Did the retention of title clause mean there was no credit insurance? |
| Sex between Lawyers | Vol 1, No 3, September 2000 | R v Szabo [2000] QCA 194 (26 May 2000) | It might be okay for Ally McBeal but... |
| Statutory Demands | Vol 1, No 1, July 2000 | Switz Pty Ltd v Glowbind Pty Ltd, Glowbind Pty Ltd v Switz Pty Ltd [2000] NSWCA 37 (10 March 2000) | Yessss!!! Court accepts reality on the use of statutory demands |
| Statutory Demands | Vol 1, No 2, August 2000 | Indaba Pty Ltd v Home Building Society Ltd [2000] WASC 38 (23 February 2000) | Take care with statutory demands |
| Statutory Demands | Vol 2, No 2, March 2001 | Calquid Pty Ltd v A & D R Illes Pty Ltd [2000] NSWSC 558 | 21 days means 21 days |
| Statutory Demands | Vol 2, No 3, May 2001 | Expressway Spares v CTK Engineering [2000] NSWSC 1200 (12 December 2000) | Do not use statutory demands on disputed debts! |
| Statutory Demands | Vol 2, No 5, September 2001 | Miric v Braams Group Pty Ltd [2001] NSWSC 736 (20 August 2001) | Trying to postpone the evil day |
| Statutory Demands | Vol 2, No 7, October 2001 | Raffles Co Pty Ltd v. Cech [2001] QSC 129 (4 May 2001) | Too late with defences to statutory demand |
| Statutory Demands | Vol 3, No 1, January 2002 | Sunarto v Zurich [2001] NSWSC 422 (16 May 2001) | Lesson for director - you have to pay creditors! |
| Statutory Demands | Vol 3, No 4, June 2002 | Solarite v York [2002] NSWSC 411 (14 May 2002) | Statutory demand - what is a genuine dispute? |
| Statutory Demands | Vol 3, No 5, July 2002 | Ostgro Australia Pty Ltd v Syarrum Ostriches WAS Pty Ltd [2002] WASC 140 (29 May 2002) | Could a cashflow statement prove solvency? |
| Statutory Demands | Vol 3, No 6, August 2002 | Kwik & Swift Co Pty Ltd v Shawyer [2002] WASC 156 (21 June 2002) | Ex-employee tries to wind up company for unpaid wages |
| Statutory Demands | Vol 4, No 4, April 2003 | Universal Trade Exchange Pty Ltd v Westpac Banking Corp [2002] WASC 36 (7 Mar 2002) | "Nothing could be done to resuscitate the application" |
| Terminating Liquidation | Vol 4, No 2, February 2003 | El-Fahkri, in the matter of Elfah Pty Ltd (in liq) [2002] FCA 1469 (19 November 2002 | What do you do when a wealthy company fails to pay? |
| Travellers Cheques | Vol 3, No 5, July 2002 | Thos Cook v Kumari[2002] NSWCA 141 (21 May 2002) | Travellers cheques - how safe are they? |
| Unconscionability | Vol 2, No 2, March 2001 | Australian Competition & Consumer Commission v CG Berbatis Holdings Pty Ltd (ACN 008 799 040) [2000] FCA 1376 (26 September 2000) | Unconscionability outside of credit |
| Unfair Preferences | Vol 1, No 2, August 2000 | McBain v Parsons [2000] FCA 935 (11 July 2000) | A rare win for the creditors |
| Unfair Preferences | Vol 1, No 4, October 2000 | Lewis v Cook [2000] NSWSC 191 (21 March 2000) | Asset couldn't simply disappear |
| Unfair Preferences | Vol 2, No 5, September 2001 | Sydney Appliances Pty Ltd (in liq) v Eurolinx Pty Ltd [2001] NSWSC 230 (30 March 2001) | Running accounts de-mystified |
| Unfair Preferences | Vol 2, No 7, October 2001 | Shirlaw & Anor v. Associated Alloys Pty Ltd [2000] NSWCA 224 (28 August 2000) | Romalpa and unfair preference recovery actions |
| Unfair Preferences | Vol 4, No 3, March 2003 | Mummery v IMMS Financial Services Ltd [2002] VCAT 383 (24 May 2002) | This loan was part business, part personal...did the Consumer Credit Code apply? |
| Unfair Preferences | Vol 4, No 4, April 2003 | Worrell (Trustee) v Kerr-Jones [2002] FCA 1090 (6 September 2002) | Claw back of divorce settlement from bankrupt's ex-wife |
| Unfair Preferences / Fraud | Vol 3, No 4, June 2002 | Cole, in the matter of Total Management (Melbourne) Pty Ltd (in liq) v Golden Arch Waste Systems Pty Ltd [2002] FCA 153 (19 February 2002) | Hiding assets from the liquidator |
| Vexacious Litigation | Vol 1, No 2, August 2000 | Skyring v Ramsey [2000] FCA 774 (9 June 2000) | Vexatious litigation - A$ survives latest attack |
| Voidable Preferences | Vol 4, No 1, January 2003 | Greig & Anor as liquidators of Australian Building Industries Pty Ltd (in liquidation) v Australian Building Industries Pty Ltd [2002] QSC 138 (16 May | Creditor wins preference case on "natural justice" |
| Voluntary Administration | Vol 1, No 5, November / December 2000 | EISA Ltd (administrator appointed); Application of Andrew Love [2000] NSWSC 940 (6 October 2000) | Court lets administrator take urgent action |
| Voluntary Administration | Vol 2, No 3, May 2001 | NT Power Generation Pty Ltd v Trevor & Ors [2000] WASC 254 (19 September 2000) | Future debts covered by the deed of administration |
| Voluntary Administration | Vol 2, No 4, July 2001 | Bathurst City Council v Event Management Specialist Pty Ltd & 3 Ors [2001] NSWSC 34 (31 January 2001) | Opposed to a DCA? "Don't sit on your hands!" |
| Voluntary Administration | Vol 3, No 2, February 2002 | Barrymores Pty Ltd v Harris Scarfe Ltd [2001] WASC 210 (14 August 2001) | Receivers not guilty of conversion |
| Voluntary Administration | Vol 3, No 6, August 2002 | Diamond Press Australia Pty Limited [2001] NSWSC 313 (23 April 2001) | Speed versus money - the court's approach to delaying a 2nd meeting of creditors |
| Voluntary Administration / Corporations Act | Vol 3, No 1, January 2002 | Hutchinson v Australian Securities and Investments Commission [2001] VSC 465 (30 November 2001) | Claimant reinstating wound-up company |
| Voluntary Administration / Trust Property | Vol 1, No 3, September 2000 | JA Pty Limited & 1 Ors v Jonco Holdings P/L & 2 Ors [2000] NSWSC 147 (10 March 2000) | A triumph over "deliberate obfuscation" |
| Winding Up / Statutory Demands | Vol 4, No 4, April 2003 | Liberty Funding Pty Ltd v Drakeswood Pty Ltd No. SCCIV-02-84 [2002] SASC 54 (19 February 2002) | Director didn't know of winding up application. Not the creditor's problem! |