Immer v Girotto Precast Pty Ltd [2009] NSWSC 1019

New South Wales Supreme Court

CITATION : Immer v Girotto Precast Pty Ltd [2009] NSWSC 1019

HEARING DATE(S) : 14 April 2009

JUDGMENT DATE : 29 September 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) Baseline Constructions Pty Ltd file and serve an affidavit or affidavits attesting to the service, by letter, of the proposed orders set out in paragraph [21] of the reasons for judgment accompanying these orders, the identity of the last liquidator of Hi-Rise Erection Pty Ltd, together with the name of a proposed liquidator and evidence of that liquidator's consent to acting as such. Such affidavit or affidavits are to be filed and served, within 14 days of the date of this judgment;

(ii) The solicitors for Baseline Constructions Pty Ltd and QBE Insurance (Australia) Pty Ltd confer, and seek to reach agreement, on the identity of any liquidator to be appointed pursuant to the aforesaid proposed orders;

DECISION : (iii) QBE Insurance (Australia) Pty Ltd and Mrs Brown be granted leave to file and serve, within 28 days of the date of this judgment, any affidavit and/or submissions relating to the identity of the proposed liquidator and any issue relating to substituted service of the statement of claim or any other matter arising from the proposed orders;

(iv) The notices of motion of Baseline Constructions Pty Ltd stand over for directions until 9.30am on 11 November 2009;

(v) Costs of these proceedings are reserved.

CATCHWORDS : CORPORATIONS – deregistered company – action against – reinstatement of deregistered but formerly insured company – company previously in liquidation – need to appoint liquidator – need to ensure liquidator and former director given opportunity to present any relevant submission