Catchwords:
CIVIL PROCEDURE – Pleadings – Striking out – No reasonable cause of action or defence – Tendency to cause embarrassment – whether plaintiff’s claims should be struck out or dismissed – where plaintiff claims liquidated damages for delay, damages for failure to complete contract works, restitution for overpayments and an entitlement to set-off debts due to the defendant – plaintiff’s claims struck out in part
CIVIL PROCEDURE – Technology and Construction List – Entry in – where it is unknown whether proceedings will remain in the Supreme Court of NSW – proceedings not transferred to construction list
CIVIL PROCEDURE – application to re-open case – where plaintiff seeks leave to tender a deed of company arrangement and affidavit from administrator – leave to tender deed granted – where administrator’s affidavit of limited probative value – leave to tender affidavit refused
CORPORATIONS – Voluntary administration – Deed of company arrangement – whether defendant has been granted leave under s 444E(3) of the Corporations Act 2001 (Cth) to bring its cross-claim and proceed with motion for judgment – whether leave should be granted and judgment entered – where defendant seeks judgment on payment claim and plaintiff failed to pay or provide a payment schedule – judgment ordered on condition defendant not entitled to execute against plaintiff’s assets
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