NSW Caselaw
New South Wales Supreme Court
CITATION : WorkCover New South Wales v Picton Truck and Trailer Repairs Pty Ltd (de-registered) [2003] NSWSC 859 HEARING DATE(S) : 15 September 2003 JUDGMENT DATE : 18 September 2003
JUDGMENT OF : Gzell J DECISION : Originating process dismissed. Plaintiff ordered to pay appearing former director's costs
CATCHWORDS : CORPORATIONS - Miscellanous Cases - Application for reinstatement of deregistered company - Reimbursement of workers' compensation payments from an uninsured corporate employer dependant upon notice served on company - Reimbursement from directors dependent upon liability of company to reimburse - Whether company should be reinstated to allow notice to be served - Whether plaintiff aggreived by deregistration when it had no claim against the company at that time - Whether plaintiff's powers of recovery are in the public interest - Whether it is in the public interest for powers of recovery to be exercised promptly - Whether discretion should be exercised against plaintiff becasue of its delay LEGISLATION CITED : Corporations Act 2001 (Cth) Workers Compensation Act 1987 Re Peter Conyers Holdings Pty Ltd (1996) 14 ACLC 1835 at 1849 Casali v Crisp (2001) 165 FLR 79 at 81 Deputy Commissioner of Taxation v Lanstel Pty Ltd (1996) 22 ACSR 314 Attorney- General of Gambia v N'Jie [1961] AC 617 CASES CITED : Re Waldcourt Investment Co Pty Ltd (1986) 11 ACLR 7 at 12 GIS Electrical Pty Ltd v Melsom (2002) 43 ACSR 481 Payne v Wizard Industries Pty Ltd (1997) 24 ACSR 277 Denis v McMahon (1989) 7 ACLC 283 Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 34 ACSR 232 Re Austral Group Investment Management Ltd [1993] 2 NZLR 692 PARTIES : WorkCover New South Wales - Plaintiff Picton Truck and Trailer Repairs Pty Ltd - Defendant FILE NUMBER(S) : SC 3937/03 COUNSEL : Mr D R Pritchard - Plaintiff Mr M Cohen - Defendant SOLICITORS : TurksLegal - Plaintiff Dignan & Hanrahan - Defendant
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