Bidald Consulting Pty Ltd v Miles Special Builders Pty Ltd

[2005] NSWSC 397

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CORPORATIONS - winding up - application by creditor for winding up in insolvency - subsequent deed of company arrangement purports to extinguish plaintiff's debt - pending application by plaintiff for order setting deed aside - whether s.444E(2)(b) precludes application by plaintiff for adjournment of winding up application - whether extinguishment of plaintiff's debt means that winding up application must now be dismissed
1. Acts Cited:
1. Corporations Act 2001 (Cth), Division 4 Part 5.4, ss.444D, 444E, 444H, 459E