Perpetual Corporate Trust Ltd v RZHZ Enterprises Pty Ltd

The case before the court involved Perpetual Corporate Trust Ltd, who brought a claim for debt against RZHZ Enterprises Pty Ltd. RZHZ Enterprises Pty Ltd filed a defence to the claim, which was later found to not disclose any defence to the claim. After this, RZHZ Enterprises Pty Ltd was wound up, and Perpetual Corporate Trust Ltd sought to have the defence struck out. The dispute was heard by the Federal Circuit Court of Australia.

The legal issues before the court were whether the defence of a company that does not disclose a defence to a claim could be struck out and whether the winding up of the company affected the court's power to strike out the defence. The court considered whether the winding up of the company meant that the court no longer had the power to strike out the defence and whether the winding up of the company meant that the defence was no longer relevant to the proceedings.

The court found that the winding up of the company did not affect the court's power to strike out the defence. The court held that the defence could be struck out because it did not disclose a defence to the claim, and it was no longer relevant to the proceedings. The court found that the winding up of the company did not mean that the defence was no longer relevant to the proceedings, and the court could still exercise its power to strike out the defence.

The court ordered that the defence be struck out and that the claim be entered as a judgment debt. The court found that the winding up of the company did not affect the court's power to strike out the defence, and the defence was no longer relevant to the proceedings. The court held that the claim could be entered as a judgment debt, and the company was liable to pay the debt claimed.