Rock Bottom Fashion Market P/L v HR & CE Griffiths P/L

[1997] QCA 399

Queensland Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Winding up
3. › Effect of winding-up order
4. › Powers of officers during winding up
5. › Whether director may file appeal against winding-up order without liquidator's or court's approval
6. › Whether pre-existing common law residual right of directors to appeal survived enactment of s 471A(1)
7. › Whether court should imply additional exception into s 471A(1)
8. › Corporations Law, s 471A(1)
1. Statutory Interpretation
2. › Plain meaning
3. › Whether express statutory provision displaces prior common law rule
4. › Whether court should imply additional exception not found in statutory text

Quick Take

A former director of a company in liquidation cannot file a notice of appeal against the winding-up order in the company's name without first obtaining the written approval of the liquidator or the approval of the Court under s 471A(1) of the Corporations Law. The pre-existing common law rule from In re Diamond Fuel Company, which recognised a residual right of directors to appeal winding-up orders, no longer applies following the enactment of s 471A(1).