Bloc (ACT) Pty Ltd v Crafted Capitol Pty Ltd [2021] ACTSC 81 — Winding Up & Building And Construction — Barrister AI

Bloc (ACT) Pty Ltd v Crafted Capitol Pty Ltd

[2021] ACTSC 81

Supreme Court of the ACT29 April 2021

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Interrogate

Catchwords

1. Corporations
2. › WINDING UP
3. › Application to wind up the first defendant in insolvency
4. › where a stay on the winding up had previously been imposed
5. › where the plaintiff has an unpaid judgment debt under the Building and Construction Industry (Security of Payment) Act 2009 (ACT)
6. › presumption of insolvency arises from unpaid judgment debt
7. › no evidence of solvency
8. › discretionary reason to avoid winding up not established
9. › winding up order made
1. Building and Construction
2. › SECURITY OF PAYMENT Building and Construction Industry (Security of Payment) Act 2009 (ACT)
3. › adjudication award filed with court
4. › adjudication award enforceable as judgment debt
5. › existence of continuing dispute about the expert determination process provides no basis for failing to pay judgment debt
6. › policy of the legislation requires payment prior to final determination of rights

Case Details

Citation[2021] ACTSC 81

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date29 April 2021

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The full text is available to signed-in members, including the 7 later cases that cite this judgment.

Cited by7

2025In the matter of Leralais Pty LtdNSWSC 893
2023Core Building Group Pty Ltd v Dickson Developments Precinct 1 Pty LtdACTSC 202
2023In the matter of The Summit Hotel Bondi Beach Pty Ltd (No 2)NSWSC 487
2021Re Crafted Capitol Pty Ltd (In Liquidation)ACTSC 190
and 3 more after sign-in

Relies on10

2020In the matter of HPack Investments Pty LtdNSWSC 1638
2019Empire Global Pty Ltd v SA Expert Designs Pty LtdACTSC 244
2018Canberra Drilling Rigs Pty Ltd v Haides Pty LtdACTSC 282
2017Probuild Constructions (Aust) Pty Ltd v DDI Group Pty LtdNSWCA 151
and 6 more after sign-in

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