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  • Unreported Judgment

Milner v Silforma Pty Ltd

 

[2002] QSC 102

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 62A of 2000

BRUCE POUTNEY MILNER

Applicant

and

 

SILFORMA PTY LTD Trading As BLACK AND WHITE BRIGADE

Respondent

CAIRNS

DATE 25/03/2002

JUDGMENT

HIS HONOUR: Yes, this is an application by liquidators of Themed Activities Pty Ltd (in liquidation) for determinations to whether a payment made by a person, whether in his own right or on behalf of the respondent company, was a preference payment. The amount in dispute is $10,200, which means it is a debt which is clearly recoverable in the Magistrates Court.

The issue which will be determined by any Court exercising jurisdiction in respect of this dispute would include a determination of the financial status of the company at the time the payment was made and also the other issues as to who paid the payment and with what authority.

Counsel for both sides have conceded that the Magistrates Court has jurisdiction to determine these issues. Given the size of the payment it is appropriate that I remit the matter to the Magistrates Court on the ex tempore application made on behalf of the respondents here.

I order that action number 62A of 2000, being Bruce Poutney Milner versus Silforma Pty Ltd trading as Black and White Brigade, be remitted to the Magistrates Court at Cairns.

HIS HONOUR: Well, I order that the costs of this application in this Court be the respondent's costs in the cause.

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Editorial Notes

  • Published Case Name:

    Bruce Poutney Milner v Silforma Pty Ltd

  • Shortened Case Name:

    Milner v Silforma Pty Ltd

  • MNC:

    [2002] QSC 102

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    25 Mar 2002

Litigation History

No Litigation History

Appeal Status

No Status