In the matter of Exfrig Pty Ltd (deregistered) [2021] NSWSC 84

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Exfrig Pty Ltd (deregistered) [2021] NSWSC 84 Hearing dates: 8 February 2021 Date of orders: 15 February 2021 Decision date: 15 February 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that the first defendant be reinstated; ancillary order that the Dust Diseases Tribunal proceedings were validly commenced and pending as at the plaintiff's death. Catchwords: DUST DISEASES – proceedings commenced against deregistered company in Dust Diseases Tribunal – claim for general damages – claimant died – s 12B Dust Diseases Tribunal Act 1989 (NSW) – proceedings not commenced and pending before the Tribunal at the person's death – reinstatement of company pursuant to s 601AH Corporations Act 2001 (Cth) – ancillary order validating Tribunal proceedings nunc pro tunc. CORPORATIONS – reinstatement and ancillary orders under s 601AH Corporations Act 2001 (Cth) – company in liquidation prior to deregistration continues in liquidation upon reinstatement – ancillary order appointing liquidator. Legislation Cited: Corporations Act 2001 (Cth) ss 601AG, 601AH Dust Diseases Tribunal Act 1989 (NSW) s 12B Law Reform (Miscellaneous Provisions) Act 1944 (NSW) s 2 Uniform Civil Procedure Rules 2005 (NSW) r 7.10 Workers Compensation Act 1987 (NSW) ss 227, 231-236 Cases Cited: Re Austral Bronze Pty Ltd; In the matter of John Darlington Pty Limited; In the matter of John Darlington Pty Limited (No. 3) [2020] NSWSC 1633 Re ERB International Pty Limited (deregistered) [2014] NSWSC 200 Category: Principal judgment Parties: Ronald Blake Bainbridge (Plaintiff/ Applicant) Exfrig Pty Ltd (formerly Frigrite Limited) (ACN 004 224 080) (First Defendant/First Respondent) Australian Securities and Investment Commission (Second Defendant/Second Respondent) Representation: Counsel: Mr M Robinson (Plaintiff/Applicant) N/A (Defendants/Respondents)