Boral Resources (NSW) Pty Ltd v Urban 8 Constructions Pty Ltd [2011] NSWSC 217

Supreme Court New South Wales

Medium Neutral Citation: Boral Resources (NSW) Pty Ltd v Urban 8 Constructions Pty Ltd [2011] NSWSC 217 Hearing dates: 28 March 2011 Decision date: 28 March 2011 Before: Barrett J Decision: Winding up order set aside Catchwords: CORPORATIONS - winding up - winding up order made in the defendant's absence - where plaintiff's representative had told officer of defendant that the matter was listed at 9.15am when the listing was at 9.00am - where originating process stated venue at Supreme Court Queens Square but matter in fact heard at a courtroom in a building in Macquarie Street - standing of applicant for order setting aside winding up order doubtful - but court should of its own motion set the order aside to preserve the integrity of its proceedings Legislation Cited: Corporations Act 2001 (Cth), s 471A Uniform Civil Procedure Rules 2005, r 36.16 Cases Cited: Binetter v Deputy Commissioner of Taxation [2011] FCA 184 Workers Compensation Nominal Insurer v Detailed Flooring Pty Ltd [2010] NSWSC 1056; (2010) 80 ACSR 1 Texts Cited: Keith Mason, "The Inherent Jurisdiction of the Court" (1983) 57 ALJ 449 Category: Interlocutory applications Parties: Boral Resources (NSW) Pty Ltd - plaintiff Urban 8 Constructions Pty Ltd - defendant Scott Matheson - applicant Representation: Counsel: Mr E Oliveri - plaintiff In person - applicant Solicitors: Oliveri Lawyers - plaintiff In person - applicant File Number(s): 2010/410952