Legal Research
Cases
Platinum Construction (VIC) Pty Ltd v Lin Tiger Plastering Pty Ltd

Platinum Construction (VIC) Pty Ltd v Lin Tiger Plastering Pty Ltd

Case [2019] VSC 274

No judgment structure available for this case.

Type to search within this case.

This content is currently unavailable.

Details

AGLC: IMO Lin Tiger Plastering Pty Ltd [2019] VSC 274
Case: [2019] VSC 274
Decision Date: 1 May 2019

CaseChat Overview and Summary

AI summary not yet generated for this case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

IMO Lin Tiger Plastering Pty Ltd [2019] VSC 274

Most Recent Citation

Slodyczka & Farren Pty Ltd [2022] VSC 19

Cases Citing This Decision

Re Roxton Commercial Builders Pty Ltd [2024] VSC 289
Citation 1 (Para 2)

…AsJ). Despite the fact the defendant previously opposed the application on the basis of its purported solvency, and obtained two adjournments for the purpose of filing evidence to establish its solvency, the defendant did not lead any evidence on the question. Moreover, at the hearing, counsel for the defendant…
Re Slodyczka & Farren Pty Ltd [2022] VSC 19
Citation 2 (Para 1)

…onnection Property Developments Pty Ltd [2012] FCA 363 [60] (Robertson J); Platinum Construction (Vic) Pty Ltd v Lin Tiger Plastering Pty Ltd [2019] VSC 274 [46 (Efthim AsJ).…

Cases Cited

Statutory Material Cited

Xu v Megaward Pty Ltd [2018] NSWCA 232
Citation 1

…[18][2018] NSWCA 232.…
Bendigo and Adelaide Bank Ltd v Pekell Delaire Holdings Pty Ltd [2017] VSCA 51
Citation 2

…[8][2017] VSCA 51, [47].…
Guss v Deputy Commissioner of Taxation [2015] FCA 841
Citation 3 (Para 1)

…e, the Warrant was returned to the plaintiff unsatisfied on 27 November 2018 and returned to the Court unsatisfied on 21 January 2019. [1][2015] FCA 841.…
First Equilibrium Pty Ltd v Bluestone Property Services Pty Ltd (In Liq) [2013] FCAFC 108
Citation 4

…[6][2013] FCAFC 108.…
Leveraged Equities Limited v Hilldale Australia Pty Limited [2008] NSWSC 190
Citation 5

…[12] Leveraged Equities Ltd v Hilldale Australia Pty Ltd [2008] NSWSC 190.…
Deputy Commissioner of Taxation v De Simone Consulting Pty Ltd [2007] FCA 548
Citation 6 (Para 1)

…), where Finkelstein J considered whether a company wishing to prove its solvency must produce audited accounts as evidence. His Honour said: [16][2007] FCA 548.…
Equity Australia Corporation Pty Ltd v Falgat Constructions Pty Ltd [2005] NSWSC 918
Citation 7 (Para 1)

…td v Falgat Constructions Pty Ltd [2] (‘ Equity Australia Corporation’ ) in support of its submission that there has been an abuse of process. [2][2005] NSWSC 918.…
Tokich Holdings Pty Ltd v Sheraton Constructions (NSW) Pty Ltd (in liq) [2004] NSWSC 527
Citation 8 (Para 72)

…dispute on substantial grounds as to the whole of the judgment debt: Tokich Holdings Pty Ltd v Sheraton Constructions (NSW) Pty Ltd (in liq) [2004] NSWSC 527 at [72] and CVC Investments Pty Ltd v P & T Aviation Pty Ltd (1989) 18 NSWLR 295 at 301-2. That enquiry is not inconsistent with the statutory question posed…
Bibby Financial Services Australia Pty Ltd v Wolf Industries Australia Pty Ltd [2004] NSWSC 134
Citation 9

…(a) the onus for establishing solvency rests on the company;[10] [10] Bibby Financial Services Australia Pty Ltd v Wolf Industries Australia Pty Ltd [2004] NSWSC 134, [21].…
Expile Pty Ltd v Jabb's Excavations Pty Ltd [2003] NSWCA 163
Citation 10

…y Ltd v Westgarth Development Pty Ltd [1999] FCA 728, a decision that has been cited with approval in Expile Pty Ltd v Jabb’s Excavations Pty Ltd (2003) 45 ACSR 711, a decision of the Court of Appeal of New South Wales. To put what I am about to say into its proper context I will set out the first three propositions…
Regina v McIntyre [2001] NSWSC 500
Citation 11

…[13] TQM Design and Construct Pty Ltd v Golden Plantation Pty Ltd [2001] NSWSC 500, [18].…
Williams v Spautz [1992] HCA 34
Citation 12

…per purpose which amounts to an abuse of process in the technical sense of that term, as explained in Williams v Spautz ”. In Williams v Spautz (1992) 174 CLR 509; 107 ALR 635, Mason CJ, Dawson, Toohey and McHugh JJ emphasised that, unless the interests of the justice demand otherwise, it is the duty of courts to exe…
Varawa v Howard Smith Co Ltd [1911] HCA 46
Citation 13

…s of the party initiating the proceeding. One relevant description is to be found in the judgment of Isaacs J in Varawa v Howard Smith Co Ltd (1911) 13 CLR 35: “If the proceedings are merely a stalking-horse to coerce the defendant in some way entirely outside the ambit of the legal claim upon which the court is as…
Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728
Citation 14

…… The practice is said to flow from the cases referred to by Weinberg J in Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728, a decision that has been cited with approval in Expile Pty Ltd v Jabb’s Excavations Pty Ltd (2003) 45 ACSR 711, a decision of the Court of Appeal of New South…

AI Chat coming soon