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Home > Qld Judgments > Supreme Court: Court of Appeal 2005 > Mine & Quarry Equipment International Ltd v McIntosh (as liquidator of) Mine & Quarry Equipment Pty [2005] QCA 186

Queensland Judgments

[Full-text PDF] Mine & Quarry Equipment International Ltd v McIntosh (as liquidator of) Mine & Quarry Equipment Pty [2005] QCA 186 (04/1062) Brisb McPherson JA Atkinson J Mullins J 3/06/2005

Catchwords

CORPORATIONS – WINDING UP – CONDUCT AND INCIDENTS OF LIQUIDATION – PROOF AND RANKING OF CLAIMS – MUTUAL CREDITS AND SET-OFF – money owed to creditor admitted to proof in winding up – interlocutory application seeking declaration that liquidator not entitled to set-off against sum admitted to proof – whether liquidator complied with appropriate statutory procedure for set-off – whether creditor informed in writing of the grounds for the amendment by reducing the claim as required by reg 5.6.55 Corporations Regulations 2001 (Cth)