Armitage v HXE Limited [2010] NSWSC 1109

New South Wales Supreme Court

CITATION : Armitage v HXE Limited [2010] NSWSC 1109

HEARING DATE(S) : 20 September 2010

JUDGMENT DATE : 20 September 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 20 September 2010

1. Order that pursuant to subsection 366(4) of the Companies Act 1961 (NSW) the period for the making by the plaintiff of the application under s 307(1) of the Companies Act 1961 be enlarged to 5/8/10 being the date of the filing of the originating process. DECISION : 2. Subject to order 3 declare the dissolution of the defendant to have been void. 3. Order that order 2 not affect the validity or operation of any step in the voluntary winding-up of the defendant including any distribution to members. 4. Order that service of the application for an order for the winding-up of the defendant and the appointment of a liquidator to the defendant, the advertising of the application and the lodging of notice of the application pursuant to s 465A be dispensed with.

CATCHWORDS : CORPORATIONS – application for orders under Companies Act 1961 (NSW), s 307 declaring dissolution of defendant void and s 366 for enlargement of time to bring proceedings – where plaintiff commenced proceedings against defendant for workers' compensation for mesothelioma said to arise from asbestos exposure when defendant's employee – where substantial effluxion of time since winding up of defendant and distribution of assets – where defendant required to be reinstated in respect of workers' compensation proceedings – dissolution of defendant declared void on terms – appropriate in circumstances to wind up defendant on just and equitable ground and dispense with procedural requirements for winding up