(New South Wales) The parties had guaranteed borrowings of a third party. The plaintiff had paid on call, and now sought a contribution from the defendant. After issue, the defedant began a winding up petition. The plaintiff sought leave to continue the action.
Held: It was a given that a plaintiff in this position must demonstrate a prima facie case. It had not done so here, but an arguable case had been shown, and this could be supplemented later by affidavit evidence. The claim could proceed.
Judges:
Rogers CJ
Citations:
(1989) 15 ACLR 348
Links:
Cited by:
Cited – Enron Metals and Commodity Ltd (in Administration) v HIH Casualty and General Insurance Limited ChD 10-Mar-2005
The claimant company sought leave whilst in administration to bring arbitration proceedings against the defendant insurers.
Held: In exercising the discretion given by the section, the court had only to decide whether the claim was so bad that . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Litigation Practice, Commonwealth
Updated: 30 April 2022; Ref: scu.225880