Stewart Webster KC and Tim Elliss represented the first defendant, instructed by Rostron Carlyle Rojas Lawyers.
This case concerned a terminated construction contract, where the plaintiffs sought to recover alleged overpayments and damages. In summary, the Court was asked to grant leave for the plaintiffs to proceed against the defendant under s 471B of the Corporations Act 2001 (Cth) instead of pursuing their claim by way of proof of debt. The Court ultimately held that there was no good reason to depart from the proof of debt process, particularly because of the likely prejudice to the defendant’s creditors and liquidators. The application for leave was dismissed.
The judgment can be read by clicking here
