Re Jay-O-Bees; Rosseau v Jay-O-Bees

(2004) 50 ACSR 565; [2004] NSWSC 818

Supreme Court of NSW

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Interrogate

Catchwords

1. Corporations
2. › Winding up
3. › Proofs of debt
4. › Appeal from rejection of proof of debt
5. › Whether proof of debt may be admitted on basis of deed as rectified
6. › Whether rectification can be considered in appeal from rejection of proof
1. Corporations
2. › Winding up
3. › Proofs of debt
4. › Appeal from rejection of proof of debt
5. › Nature of proceedings
6. › Whether adversary proceedings
7. › Costs principles applicable
1. Corporations
2. › Winding up
3. › Leave to proceed against company in liquidation
4. › Requirements for grant of leave
5. › Serious question to be tried
6. › Whether matter suitable to be dealt with by proofs process
7. › Whether leave futile where all issues can be raised in appeal from rejection of proof
1. Equity
2. › Rectification
3. › Rectification of deed in context of company liquidation
4. › Whether equity of rectification can be given effect after commencement of winding up
5. › Whether supervening liquidation defeats equity of rectification

Quick Take

A proof of debt may be admitted on the basis of a deed as rectified, and the question of rectification can be determined within the appeal from rejection of the proof. The 'not suitable to be dealt with by proofs process' requirement for leave to proceed may not apply once an appeal from rejection of proof is already on foot. Leave to proceed against a company in liquidation will be refused as futile where all issues can be ventilated in existing appeal proceedings from rejection of proof of debt.