Vink v Tuckwell

(2008) 68 ACSR 265; [2008] VSCA 204

Victorian Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Winding up
3. › Creditors' voluntary liquidation
4. › Supervision of liquidators
5. › Application for inquiry into conduct of liquidator
6. › Whether complaint warranted inquiry
7. › Whether applicant with no interest in liquidation had standing
8. › Corporations Act 2001 (Cth), s 536(1)(b)
1. Appeal
2. › Leave to appeal
3. › Interlocutory or final order
4. › Whether order dismissing application for inquiry under s 536 was interlocutory
5. › Whether leave to appeal required
6. › Supreme Court Act 1986 (Vic), s 17A(4)(b)
1. Appeal
2. › Leave to appeal
3. › Test for leave
4. › Whether decision attended with sufficient doubt
5. › Whether substantial injustice would result
6. › Relevance of discretionary nature of decision below
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Self-represented litigant
5. › Whether costs order against unsuccessful applicant on indemnity basis was warranted
6. › Reliance on inadmissible evidence
7. › Unsubstantiated allegations of fraud

Quick Take

An order dismissing an application for an inquiry under s 536(1)(b) of the Corporations Act 2001 (Cth) is interlocutory, requiring leave to appeal. The Court of Appeal has signalled that the question whether 'any person' in s 536(1)(b) should be read literally to confer standing on persons with no interest in the liquidation remains open for appellate determination, and has endorsed the desirability of legislative amendment to restrict standing to persons with an interest in the liquidation.