In the matters of Datalec Services Pty Ltd (in liq) and Ichor Constructions Pty Ltd (in liq) [2021] NSWSC 1183

Supreme Court New South Wales

Medium Neutral Citation: In the matters of Datalec Services Pty Ltd (in liq) and Ichor Constructions Pty Ltd (in liq) [2021] NSWSC 1183 Hearing dates: 6 September 2021 Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Leave granted for plaintiff to proceed against companies in liquidation. Catchwords: CORPORATIONS – application for leave to proceed against companies in liquidation – s 471B Corporations Act – plaintiff sues for personal injury – proceedings commenced shortly before expiration of limitation period – one company already in liquidation – other company went into liquidation – companies insured – plaintiff only seeks to recover from insurance policy – leave sought nunc pro tunc – principles at [3]-[7] – leave granted. Legislation Cited: Corporations Act 2001 (Cth) ss 440D, 471B Limitations Act 1969 (NSW) s 50C Cases Cited: Bell Group Ltd v Westpac Banking Corporation (2000) 104 FCR 305; [2000] FCA 439 BHG Nominees Pty Ltd v Ellis Young Investments Pty Ltd (1998) 16 ACLC 1539 In the matter of Coastal Constructions Pty Ltd (in liq) (1994) 13 ACSR 329 In the matter of Gordon Grant & Grant Pty Ltd (1982) 1 ACLR 196 Moore v Scolaro's Concrete Constructions Pty Ltd (in liq) [2004] VSCA 152; (2004) Aust Torts Reports ¶81-767 Oceanic Life Ltd v Insurance and Retirement Services Pty Ltd (in liq) (1993) 11 ACSR 516 Ong v Lottwo Pty Ltd (in liq) (2013) 116 SASR 280; [2013] SASCFC 57 Sihota v Pacific Sands Motel Pty Ltd (2003) 56 NSWLR 721; [2003] NSWSC 119 Taouk v Assure (NSW) Pty Ltd [2019] NSWCA 224 Zervas v Burkitt [2019] NSWCA 112 Category: Procedural rulings Parties: Craig Bowman (Plaintiff) Datalec Services Pty Limited (First Defendant) Ichor Constructions Pty Limited (Second Defendant) Representation: Counsel: E Welsh (Plaintiff) N Nguyen, solicitor (First Defendant) R O'Connor, solicitor (Second Defendant)