Event and Time
Event Description
- Date of Contract: 10 November 2017
- Parties Involved: Argyle Building Services Pty Ltd (Applicant), One Three Wilson Pty Ltd (OTW - Respondent)
- Nature of Contract: Simple works contract for the construction of a six-apartment residential development located at 13 Wilson Street, Brighton.
- Key Transactions: Transfer of apartment lots and subsequent legal proceedings concerning payment claims and alleged unlawful transfers aimed at defrauding creditors.
Application and Claims
- Legal Proceedings Initiated: Argyle filed a claim against OTW in the Victorian Civil and Administrative Tribunal (VCAT) on 9 September 2019 for payment of outstanding amounts.
- Claims:
- Outstanding payment for work done under the contract. - Allegations of conspiracy and equitable fraud regarding the transfer of property. - Claims against the transfer of Lot 2 as voidable under Section 172(1) of the Property Law Act 1958 due to intent to defraud OTW's creditors.
Judicial Decisions
- 3 October 2019: VCAT issued a freezing order to prevent OTW from dealing with unsold lots.
- 7 February 2020: Argyle commenced further proceedings in the Trial Division against OTW and other respondents regarding property transfers.
- 23 April 2020: Judge discharged the freezing order after a contested hearing.
- Argyle's application for leave to appeal the discharge was ultimately refused.
Dispute Points and Legal Basis
Dispute Points
- Argyle (Applicant):
- Claimed outstanding payments amounting to $825,891 plus cash retention of $205,000. - Asserted the transfer of properties (Lots 1, 5, and 6) involved fraudulent intent to hinder creditor claims. - Relied on principles of equitable fraud and a good arguable case in light of existing judgments against OTW.