Stephen Hooker v Infinity Systems Pty Ltd; Ian James Purchas v Infinity Systems Pty Ltd [2008] NSWSC 188

New South Wales Supreme Court

CITATION : Stephen Hooker v Infinity Systems Pty Ltd; Ian James Purchas v Infinity Systems Pty Ltd [2008] NSWSC 188

HEARING DATE(S) : 30 January 2008 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 30 January 2008

DECISION : Leave declined

CATCHWORDS : CORPORATIONS - Application under s 237(1) of the Corporations Act 2001 (Cth) for leave to bring proceedings in the name of two companies - Requirement under s 237(2)(a) that the Court be satisfied that a company will not itself bring the proceedings or properly take responsibility for them - Receivers appointed who had not had sufficient opportunity to consider the position - Court not satisfied that company will not itself bring proceedings or take responsibility for them

LEGISLATION CITED : Corporations Act 2001 (Cth)

Stephen Hooker James Wilson Blue Radish Inc. Ltd Infinity Systems Pty Ltd (ACN 106 672 280) PARTIES : Ian James Purchas (in his capacity as receiver and manager of the First Defendant) Nicholas Craig Malanos (in his capacity as receiver and manager of the First Defendant) Infinity Systems Pty Ltd (Receiver & Manager appointed) (ACN 106 672 280) SecureNet Monitoring Pty Ltd Andrew Wilson

FILE NUMBER(S) : SC 4635/2007; 1257/2008

4635/2007 A.J. Abadee (Plaintiffs) COUNSEL : 4635/2007 J.T. Johnson (Second and Third Defendants) 1257/2008 J. Hogan-Doran (Plaintiffs) 1257/2008 F. Salama (Second Defendant)

4635/2007 Thompson Eslick Solicitors (Plaintiffs) SOLICITORS : 4635/2007 TressCox Lawyers (Second and Third Defendants) 1257/2008 Eakin McCaffery Cox (Plaintiffs) 1257/2008 Worthington Williams Lawyers (Second Defendant)