Andrew O’Brien KC appeared for the Applicant, First, Second and Third Defendants, instructed by McKays Solicitors.
This case involved a claim brought by the plaintiff’s liquidators, seeking relief in the form of declaring void and reversing the sale and transfer of three businesses previously held by Blue Chip to the first defendant. The defendants sought to end the proceeding against them, on the basis that the plaintiffs lacked standing to bring the proceeding. Henry J considered the application of s 228 of the Property Law Act 1974 (Qld) to the lack of standing argument, and concluded that at the very least, this means that the statement of claim discloses no reasonable cause of action and should be struck out. The Court ordered that the statement of claim be struck out, with the parties to be heard as to further orders.
The judgment can be read by clicking here
