Segal v Sharma

The appellants, Segal and others, sought leave under section 471B of the *Corporations Act 2001* (Cth) to proceed with an appeal against the second respondent, South-West Radiology Pty Ltd, which was in liquidation. The dispute concerned an equitable assignment of part of a debt owed to the company.

The primary legal issue before the court was whether leave to proceed against a company in liquidation was necessary under section 471B of the *Corporations Act 2001* (Cth) in circumstances where the company was the assignee of a debt, and the appellants sought to pursue an appeal against that company in relation to the assigned debt.

The court considered the application of section 471B, which generally prohibits proceedings against a company under external administration without leave. Gleeson JA granted leave to the appellants nunc pro tunc to commence and proceed with the appeal against the second respondent. The court's reasoning, though not detailed in the provided text, evidently concluded that such leave was required and appropriate in this instance, notwithstanding the nature of the assignment.

The court ordered that leave be granted to the appellants under section 471B of the *Corporations Act 2001* (Cth) nunc pro tunc to commence and proceed with the appeal against the second respondent, South-West Radiology Pty Ltd (in liq).