NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Farquhar v Rio Dorado Limited (in liquidation) [2024] NSWSC 585 Hearing dates: 10 May 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: Leave granted to commence defamation proceedings in the District Court of New South Wales: see [24] Catchwords: CORPORATIONS — application under s 471B of the Corporations Act seeking leave to commence proceedings against company being wound up — where the plaintiff seeks to bring defamation proceedings against the company — where the expiration of the relevant limitation period is imminent — where no real prejudice would be caused to the company or its creditors — where the liquidation process would not thereby be delayed — where granting leave is necessary to do justice between the parties notwithstanding delay on the plaintiff's part Legislation Cited: Corporations Act 2001 (Cth), s 471B Defamation Act 2005 (NSW), div 1, ss 32, 35 Limitation Act 1969 (NSW), s 14B Cases Cited: Maher v Taylor [1994] 1 NSWLR 231; (1984) 8 ACLR 931 Zervas v Burkitt [2019] NSWCA 112 Category: Principal judgment Parties: Joshua Farquhar (Plaintiff) Rio Dorado Limited (in liquidation) (Defendant) Representation: Counsel: M Maconachie (Plaintiff) No appearance (Defendant)
Solicitors: W Advisers (Plaintiff) No appearance (Defendant) File Number(s): 2024/00173695 Publication restriction: Nil
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