Vero Insurance Ltd v Nicejade Pty Ltd [2010] NSWSC 1407

New South Wales Supreme Court

CITATION : Vero Insurance Ltd v Nicejade Pty Ltd [2010] NSWSC 1407

HEARING DATE(S) : Written submissions: 01/12/10

JUDGMENT DATE : 3 December 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Order by consent setting aside order directing reinstatement of reguistration of deregistered company (and allied orders). Order by consent dismissing proceedings. Consequential orders by consent.

CATCHWORDS : CORPORATIONS - deregistered company - orders previously made in contested proceedings directing ASIC to reinstate company's registration - application now made by unsuccessful defendant with consent of successful plaintiff for order setting aside previous orders and dismissing the proceedings - where order directing reinstatement by ASIC not served on ASIC - where company accordingly remains deregistered despite court's order directing reinstatement - power of court to set aside order by consent of parties - where ASIC itself not party but takes the attitude that it will implement the order directed to it if and when served with the order - no reason why original orders should not be set aside as parties wish - observations on the policy question whether it should be within the power of private litigants to decide whether the court's directive to ASIC reaches ASIC

LEGISLATION CITED : Corporations Act 2001 (Cth) s 601AH(2) Uniform Civil Procedure Rules 2005, rules 36.15(2), 36.16

CATEGORY : Consequential orders

CASES CITED : Miltonbrook Pty Ltd v Westbury Holdings Kiama Pty Ltd [2008] NSWCA 38; (2008) 71 NSWLR 262 Vero Insurance Ltd v Nicejade Pty Ltd [2010] NSWSC 556

Vero Insurance Limited - Plaintiff PARTIES : Nicejade Pty Limited - First Defendant Sunlord Holding Pty Limited - Second Defendant