NSW Caselaw
New South Wales Supreme Court
CITATION : Tyrrell v Tyrrells Building Consultancy Pty Ltd [2008] NSWSC 416
HEARING DATE(S) : 5 May 2008
JUDGMENT DATE : 7 May 2008
JURISDICTION : Equity
JUDGMENT OF : Austin J
DECISION : Orders made for reinstatement of registration and for leave to make a cross-claim against the company for apportionment of liability
CATCHWORDS : CORPORATIONS - reinstatement - application by defendant in building claim proceedings who wishes to obtain apportionment of liability against company - reinstatement opposed by plaintiff in building claim proceedings - whether applicant a person aggrieved by the deregistration - whether Court satisfied that it is just to reinstate registration - whether, in circumstances where company would be in insolvent liquidation if reinstated, leave should be granted to permit cross-claim against the company for apportionment of liability
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 471B, 601AH Environmental Planning and Assessment Act 1979 (NSW), s 109ZJ
AMP Insurance Ltd v Victorian WorkCover Authority [2006] VSCA 236 Australian Competition & Consumer Commission v Australian Securities & Investments Commission (2000) 34 ACSR 232 Donmastry Pty Ltd v Albarran (2004) 49 ACSR 745 Herbert v Nozala Pty Ltd [2006] NSWSC 1437 Ibbco Trading Pty Ltd v HIH Casualty & General Insurance Ltd (in prov liq) [2001] NSWSC 346 Keith Woods v Rodney Mario De Gabriele [2007] VSC 177 Krstevska v ACN 010 505 102 Pty Ltd (2001) 20 ACLC 292 CASES CITED : Nu Life Air Conditioning Pty Ltd v Reef Building Contractors Pty Ltd [2006] NSWSC 1245 Ogilvie-Grant v East (1983) 7 ACLR 669 Re Gordon Grant and Grant Pty Ltd (1982) 1 ACLC 196 Re Proserpine Pty Ltd and the Companies Act (1980) 5 ACLR 603 Re Sydney Formworks Pty Ltd (in liq) [1965] NSWR 646 Tyrrell v The Owners Corporation Strata Scheme 40022 [2007] NSWCA 8 Westbury Holdings Kiama Pty Ltd v ASIC [2007] NSWSC 115 WorkCover Authority of New South Wales v Picton Truck & Trailer Repairs Pty Ltd (De-registered) (2004) 51 ACSR 102
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