CORPORATIONS - winding up in insolvency - presumption of insolvency through failure to comply with a statutory demand - offsetting claim - meaning of "offsetting" - effect of contractual provision excluding counter claims - CONTRACTS - settlement of building dispute - parties agree that "a payment obligation is to rank in priority" before any entitlements of payer to receive monies in connection with building project - proper construction
Acts Cited:
Corporations Act 2001 (Cth) ss 459C, 459E, 459F, 459G, 459H
Case Details
Citation[2006] NSWSC 1308
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 9 later cases that cite this judgment.