Hewlett Packard Australia Pty Ltd v Siltek Holdings Pty Ltd

[2005] NSWSC 672

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CORPORATIONS - winding up - leave to proceed against company in liquidation - apparently arguable case - relief of a proprietary nature sought - no opposition by liquidator - leave granted
1. Acts Cited:
1. Corporations Act 2001 (Cth), ss.471B, 500(2)

Claims of a proprietary nature — such as assertions that property ostensibly owned by a company in liquidation is in truth owned by the claimant — go beyond money-based proof of debt concepts and may justify departure from the proof of debt procedure.
An apparently arguable case, combined with the proprietary character of the relief sought and the absence of opposition from the liquidators, is sufficient to warrant the grant of leave to proceed against a company in liquidation.

Citation[2005] NSWSC 672

CourtNSWSC

JurisdictionNew South Wales

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