BRINDS LTD v OFFSHORE OIL NL

[1985] VR 277·STARKE, MURRAY and SOUTHWELL JJ
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[1985] VR 277
BRINDS LTD v OFFSHORE OIL NL SUPREME COURT OF VICTORIA FULL COURT STARKE, MURRAY and SOUTHWELL JJ 02 February 1984
[1985] VR 277
Appeal — Privy Council — Appeal from Full Court — Appeal as of right — Leave to appeal — Petition for winding up — Whether subject matter exceeded 1000 pds or 500 pds — Supreme Court Act 1958 (No. 6387), s218 — Order in Council of 23 January 1911 (UK). . A company unsuccessfully appealed to the Full Court from an order winding it up. At the time of the winding-up order, the company had net assets of over $1 million and the petitioning creditor's claim exceeded $3 million. The company applied to the Full Court for leave to appeal to the Privy Council pursuant to s218 of the Supreme Court Act 1958 or pursuant to the Order in Council (UK) dated 23 January 1911. S218 provided for an application for leave to appeal to be made to the Court where the matter in issue amounted to 1000 pds; and the Order in Council provided for an appeal as of right where the sum involved exceeded 500 pds.

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[1985] VR 277

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