In the matter of Anglican Development Fund Diocese of Bathurst (receivers & managers appointed) [2015] NSWSC 440 — Receivers & Corporations — Barrister AI

In the matter of Anglican Development Fund Diocese of Bathurst (receivers & managers appointed)

[2015] NSWSC 440

Supreme Court of NSW

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Interrogate

Catchwords

1. EQUITY - equitable remedies
2. › receivers
3. › receivers appointed by court
4. › applications
5. › for the opinion advice and direction of the court
6. › nature and extent of jurisdiction
1. Corporations
2. › bodies corporate other than companies and associations
3. › winding up
4. › insolvency
5. › proofs of debt
6. › set-off - whether statutory set-off under Corporations Act, s 553C, is available
7. › held, it is not
8. › whether rule in Cherry v Boultbee applies
9. › where set-off of mutual debts available
10. › held, rule does not apply, mutual debts to be set-off
1. Equity
2. › equitable remedies - receivers
3. › receivers appointed by court
4. › where appointed to wind up a corporation not subject to winding up under Corporations Act
5. › where authorised to receive and adjudicate proofs of debt
6. › whether justified in deferring adjudication pending outcome of related proceedings
7. › where not apparent that circumstances of debt will be illuminated by evidence or findings in the related proceedings
8. › held, not justified in deferring adjudication

Case Details

Citation[2015] NSWSC 440

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 15 later cases that cite this judgment.

1 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by15

2026Re Admiral Cove Pty Ltd (in liq) (No 2)VSC 210
2025Preston, in the matter of the Forum Group of Companies Pty Ltd (in liq)FCA 883
2025In the matter of Love D&V XOXO Pty Ltd (Receiver and Manager Appointed)NSWSC 230
2024In the matter of Sirrah Pty Ltd (in liq)NSWSC 784
and 11 more after sign-in

Relies on16

2015In the matter of Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd)NSWSC 6
2005Coventry v Charter Pacific Corporation LimitedHCA 67
2004Otis Elevator Co Pty Ltd v Guide Rails Pty Ltd (in liq) and OrsNSWSC 383
2002ASIC v Commercial NomineesNSWSC 576
and 12 more after sign-in

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