NSW Caselaw
Reported Decision : 154 IR 265
New South Wales Court of Appeal
CITATION: HERTZ v INDUSTRIAL RELATIONS COMMISSION OF NSW & ORS [2006] NSWCA 16
HEARING DATE(S): 8 February 2006
JUDGMENT DATE: 8 February 2006
JUDGMENT OF: Mason P at 1; McColl JA at 21; Basten JA at 22
EX TEMPORE JUDGMENT DATE: 02/08/2006
DECISION: Summons dismissed
CATCHWORDS: CORPORATIONS – creditor's voluntary winding up – effect on civil proceedings by or against company – stay of proceedings effected unless court grants leave to proceed – application of s 500(2) Corporations Act 2001 - PRACTICE – service of process – interested parties merely notified of proceedings – not made parties thereby – not invited to join thereby – lack of procedural fairness – presents "insurmountable difficulty" to proceedings continuing - APPEALS – standing – where claimant only a witness at first instance – need for utility in relief sought - CRIMINAL LAW – perjury – application of s 327 Crimes Act 1900 to a "judicial proceeding" – no requirement that "judicial proceeding" be concluded before offence of perjury established - CRIMINAL LAW – perjury – application of s 327 Crimes Act 1900 – whether evidence uncovered during stayed proceedings under s 500(2) Corporations Act 2001 admissible in criminal proceedings for breach of s 327 (ND)
LEGISLATION CITED: Corporations Act 2001 s500(2) Industrial Relations Act 1996
CASES CITED: Awada v Linknarf Ltd (in liq) (2002) 55 NSWLR 745 Catto v Hampton Australia Limited (1998) 20 ACSR 225
PARTIES: Mark Phillip HERTZ v INDUSTRIAL RELATIONS COMMISSION OF NSW & ORS
FILE NUMBER(S): CA 40822/2005
Applicant: Julian van Aalst COUNSEL: 1st Opponent: No appearance 2nd Opponent: No appearance
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