Amn P/L v Wu, Lynink P/L

[2000] QCA 281

[2000] QCA 281

COURT OF APPEAL

de JERSEY CJ
DAVIES JA
MULLINS J

Appeal No 8025 of 1999

AMN PTY LTD  Appellant
CAN 010 048 987

v.

LIN FENG LANG WU & LYNINK PTY LTD        First Respondent

And

ROSS ANDREW DUUS and ROGER WALKER
Liquidators of SCA PROPERTIES PTY LTD
(IN LIQUIDATION)
CAN 010 977 714  Second Respondent

BRISBANE

..DATE 18/07/2000

JUDGMENT

THE CHIEF JUSTICE: The orders will be made in accordance with the document you have provided, which I have initialed, and as to Mr Drysdale’s application on behalf of a creditor of the appellant to be joined, the short response is that rule 17 of the Corporations Law would not cover the situation, the reference there to “The Corporation” meaning, in this case, the second respondent, SCA Properties Pty Ltd (in liquidation).

And as rule 750 of the Uniform Civil Procedure Rules, Mr Drysdale’s client should not be regarded as a person “Directly affected” by the relief sought in the proceedings. At best it could be regarded as indirectly affected. Mr Drysdale’s application is, for those reasons, therefore refused. I have the authority of the other members of the Court to say those things.