When is a creditor not a creditor? Special leave refused

On 15 February 2012 we wrote a blog post entitled 'Unadjudicated claims not admissible to proof under DOCA' on a New South Wales Court of Appeal case - BE Australia WD Pty Ltd (subject to a Deed of Company Arrangement) v Sutton [2011] NSWCA 414.

We can now report that the respondent's application for special leave to appeal to the High Court of Australia has been refused.