Anthony Lo Surdo SC

Significant Decisions

In re Qintex Limited (No 1) and (No 2)
(1990) 8 ACLC 811

An application on behalf of a creditor to appoint a provisional liquidator to Qintex Limited.

Westpac Banking Corporation v Kingsland
(1991) 26 NSWLR 700

Proceedings in which the Court considered the duty of care owed by a bank to guarantors.

The Commissioner of Australian Federal Police & Anor v Propend Pty Limited
(1997) 141 ALR 545

In this matter the High Court established that legal professional privilege can extend to copy documents even though the originals may not attract the privilege.

In the matter of Ricon Constructions Pty Limited (in liquidation) and the Corporation Law
(1997) 43 NSWLR 174

The decision examines the operation of sections 447A and 1322 of the Corporations Law especially as those sections apply to an application by a liquidator to extend the period within which a second meeting of creditors is to be held, where the application was brought after the time for convening the meeting had passed.

Anderson Group v Davies and Others
(2001) 53 NSWLR 401 & (2001) 19 ACLC 1112

The appointment of a receiver to a partnership. The Court considered whether the winding up of a corporate partner constituted "bankruptcy" for the purposes of the Partnership Act.

Southern Cross Interiors Pty Limited v Deputy Commissioner of Taxation
(2001) 39 ACSR 305, (2001) 19 ACLC 1513 & (2001) 53 NSWLR 213

Preference proceedings in which the Court considered what constitutes an inability to pay debts as and when they fall due, the construction of deeds of release and the circumstances in which a director may avail himself of the defence prescribed by section 588 FGB(5) of the Corporations Act.

Dean-Willcocks v Yeshiva Properties No. 1 Pty Ltd (prov liq appted) & Ors
(2004) 48 ACSR 525

An application by a provisional liquidator who made application to the Court pursuant to sections 436B(21) and 448C(1) of the Corporations Act, 2001 to appoint himself and his partner as administrators of the companies of which he and his partner were provisional liquidators.

Sutherland Re; French Caledonia Travel Service Pty Ltd (in liq)
(2004) 59 NSWLR 361

Proceedings in which the Court considered the manner in which a liquidator, acting as a trustee, is required to distribute a fund which consists of a mix of beneficiaries' funds, and which is insufficient to meet each of the claims on that fund.

Grossman v E Katz Manufacturing Jewellers (ACT) Pty Ltd and Ors
(2004) 52 ACSR 196

Application by a provisional liquidator of a company which administers a trust fund for directions as to his entitlement to satisfy his costs and expenses relating to the administration of that trust fund from the fund itself.

Goyal v Chandra
(2006) NSWSC 239 (3 March 2006)

At issue was a consideration of the circumstances in which a Court will restrain by injunction the severance of a joint tenancy pursuant to section 97 of the Real Property Act, 1900.

A Little Company Limited v Peters
(2007) NSWSC 833

The Court considered the operation of the principles of economic duress and whether it operated to vitiate a party's obligations under a share sale agreement and guarantee.

Reliance Developments (NSW) Pty Ltd v Lumley General Insurance Limited
(2008) NSWSC 172

The construction of performance (deposit) bond and, in particular, whether strict compliance is required.

Cityview Corporation Limited v Australian Securities and Investments Commission
(2010) AATA 503

An appeal against a decision by ASIC concerning the disclosure requirements of the Corporations Act.