Field v Jenolan Caves Resort Pty Ltd [2009] NSWSC 491

New South Wales Supreme Court

CITATION : Field v Jenolan Caves Resort Pty Ltd [2009] NSWSC 491 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26/05/09

JUDGMENT DATE : 5 June 2009

(1) Common Law Division JURISDICTION : Administrative Law List (2) Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Interlocutory applications in both proceedings dismissed. Question of costs reserved.

CATCHWORDS : PROCEDURE - application for summary dismissal - claim by director of company where alleged wrong done to company - proper plaintiff rule - company in liquidation - director does not have standing to seek leave to sue for company - whether conceivable claim for breach of statutory duty - any such claim also belongs to company alone - CORPORATIONS - proper plaintiff rule - putative plaintiff company in liquidation joined as defendant - application for leave to proceed against company in liquidation - no cause of action - leave refused

Corporations Act 2001 (Cth), Part 5.3A, ss 236(1)(a)(ii), 237, 500(2) LEGISLATION CITED : National Parks and Wildlife Act 1974, s 58V, 58ZE Real Property Act 1900 Uniform Civil Procedure Rules 2005, rules 13.4, 14.28

CATEGORY : Principal judgment

Carpenter v Pioneer Park Pty Ltd [2008] NSWSC 551; (2008) 71 NSWLR 577 Chahwan v Euphoric Pty Ltd [2008] NSWCA 52; (2008) 245 ALR 780 CASES CITED : Foss v Harbottle (1843) 2 Hare 461; 67 ER 189 Spokes v Grosvenor Hotel Co [1897] 2 QB 124 St George Bank Ltd v Field [2007] NSWSC 902 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 230