Quintano v B W Rose Pty Ltd [2008] NSWSC 720

New South Wales Supreme Court

CITATION : Quintano v B W Rose Pty Ltd [2008] NSWSC 720

HEARING DATE(S) : 14 July 2008

JUDGMENT DATE : 15 July 2008

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Leave granted

CATCHWORDS : CORPORATIONS - voluntary administration and winding up - leave to proceed with common law proceeding for damages for personal injury and common law cross-claim - voluntary administrator appointed shortly before scheduled commencement of four-week hearing - relevant considerations

LEGISLATION CITED : Corporations Act, 2001 (Cth), ss 440D, 500

CASES CITED : Foxcraft v The Ink Group Pty Ltd (1994) 15 ACSR 203

3731/08 Luke Quintano (P) B W Rose Pty Ltd (D)

20130/04 PARTIES : Luke Quintano (P) B W Rose Pty Ltd (D1; X-D1 to First Cross-Claim; X-C to Second Cross-Claim; R) AWS Security Services Pty Ltd (D2; X-C to First Cross-Claim; X-D1 to Second Cross-Claim; A) Prestige Insurance Brokers (Aust) Pty Ltd (X-D2 to Second Cross-Claim; X-C to Third Cross-Claim) Syndicate 3245 (Managing Agent: Heritage Managing Agency Ltd London)(X-D1 to Third Cross-Claim) Syndicate 1218 (Managing Agent: Heritage Managing Agency Ltd London)(X-D2 to Third Cross-Claim)

FILE NUMBER(S) : SC 3731/08; 20130/04

D Hooke (P) A Spencer (D1; X-D1 to First Cross-Claim; X-C to Second Cross-Claim; R) COUNSEL : S G Campbell SC with A Parker (D2; X-C to First Cross-Claim; X-D1 to Second Cross-Claim; A) A Harding (X-D2 to Second Cross-Claim; X-C to Third Cross-Claim) J Newby (X-D1& X-D2 to Third Cross-Claim)