Criminale v TRN Security Services Pty Ltd (In Liq) [2008] NSWSC 562

New South Wales Supreme Court

CITATION : Criminale v TRN Security Services Pty Ltd (In Liq) [2008] NSWSC 562

HEARING DATE(S) : 26/05/08

JUDGMENT DATE : 11 June 2008

JURISDICTION : Equity

JUDGMENT OF : Barrett J

DECISION : Leave under s 500(2) refused

CATCHWORDS : PROCEDURE - preliminary discovery - to ascertain identity of potential defendant insurer - insured is company now in liquidation - plaintiff has pre-liquidation judgment against company - whether discovery may be sought against company as distinct from its liquidator - CORPORATIONS - winding up - possession of company's pre-liquidation books - whether possession with company or with liquidator - whether claim for preliminary discovery maintainable against company as distinct from liquidator - whether leave to proceed against company should be granted

LEGISLATION CITED : Corporations Act 2001, ss 9, 474, 486, 500(2), 511(1)(b), 530A(1), 530B Uniform Civil Procedure Rules 2005, rules 5.2, 5.5, 21.1(1), 21.3

CATEGORY : Principal judgment

AVS Australian Venue Security Services Pty Ltd v Criminale [2006] NSWCA 368 Commissioner of Taxation v Linter Textiles Australia Ltd [2005] HCA 20; (2005) 220 CLR 592 Harvey v Smith as liquidator of Normans Wines Ltd [2003] SASC 232 CASES CITED : Re Barned's Banking Co; Ex parte Contract Corporation (1867) 2 Ch App 350 Re Contract Corporation (1872) 7 Ch App 207 Re Jet Corporation of Australia Pty Ltd (1985) 9 ACLR 641 Re North Brazilian Sugar Factories (1887) 37 ChD 83 Williamson v Chamberlain [2006] NSWSC 178

PARTIES : Ricky John Criminale - Plaintiff TRN Security Services Pty Ltd (In Liquidation) - Defendant