NSW Caselaw
New South Wales Supreme Court
CITATION : Vero Insurance Ltd v Nicejade Pty Ltd [2010] NSWSC 556
HEARING DATE(S) : 27/04/10 Written submissions:
JUDGMENT DATE : 1 June 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Orders directing reinstatement and for winding up.
CATCHWORDS : CORPORATIONS - deregistered company - application for order directing reinstatement - whether applicant a person aggrieved - whether just that reinstatement occur - where applicant has claim by subrogation against deregistered company - holding company says that criteria for reinstatement not satisfied because such claim statute barred - uncertainty on limitation issue - can only be decided on full inquiry - such inquiry not appropriate on this application - reinstatement ordered - observations on resort to "voluntary" deregistration
Corporations Act 2001 (Cth), ss 467(3)(d),601AA(2)(c), 601AA(2)(c), 601AA(2)(e) 601AH(2) Environmental Planning and Assessment Act 1979, Part 4A, s 109ZK Home Building Regulation cl 61(1)(b), clauses 59, 64 LEGISLATION CITED : Home Building Act 1989, ss 18C, 18E Home Building Regulation, clause 61(1)(b). Local Government Act 1993 Local Government (Approvals) Regulation 1993
CATEGORY : Principal judgment
CASES CITED : Abrahams v Degan [2009] NSWDC 315 McCallum Developments v The Owners Corporation SP53908 [2002] NSWSC 1103
Vero Insurance Limited - Plaintiff PARTIES : Nicejade Pty Limited - First Defendant Sunlord Holding Pty Limited - Second Defendant
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