In the application of Balesfire Pty Ltd (De-Registered) trading as Gutter Shop; Cameron Davy v Australian Securities & Investments Commission [2013] NSWSC 1996

Supreme Court New South Wales

Medium Neutral Citation: In the application of Balesfire Pty Ltd (De-Registered) trading as Gutter Shop; Cameron Davy v Australian Securities & Investments Commission [2013] NSWSC 1996 Hearing dates: 2 December 2013 Decision date: 02 December 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: The Court notes that: The second defendant Allianz Australia Workers' Compensation (NSW) Ltd admits, for the purpose of these proceedings and for the purpose of the proceedings instituted in the District Court of NSW by the plaintiff against Balesfire Pty Ltd, that Balesfire Pty Ltd was the employer of the plaintiff at the time of the events which gave rise to the liability asserted in the District Court proceedings. The second defendant consents to an order being made by the District Court joining it as an additional defendant in the District Court proceedings to respond to a claim pursuant to Corporations Act s 601AG. The Court orders that: The plaintiff pay the third defendant's costs of these proceedings. The plaintiff's costs of these proceedings be costs in the District Court proceedings. Catchwords: WORKERS' COMPENSATION - proceedings to obtain compensation - determination of claims - seeking order for reinstatement under s 601AH Corporations Act - application for joinder of two insurers under s 601AG Corporations Act - damages for personal injury - no admission of indemnity - question of employment status - liability of insurer - cause of action against deregistered company which was covered by an insurance policy immediately prior to deregistration Legislation Cited: (Cth) Corporations Act 2001 s 601AG, s 601AH Category: Principal judgment Parties: Balesfire Pty Ltd (de-registered) trading as Gutter Shop (plaintiff) Australian Securities and Investments Commission (first defendant) Allianz Australia Workers Compensation (NSW) Limited (second defendant) Insurance Australia Limited (AFS Licence Number 227681) Trading as SGIO Insurance (third defendant) Representation: Counsel: J Sharpe (plaintiff) J Turner (solicitor)(second defendant) A Renshaw (third defendant) D Farrell (directors) Solicitors: Stuart, Duncan Francis Joseph (plaintiff) Goldbergs Lawyers (second defendant) McCulloch & Buggy Lawyers (interested party) File Number(s): 2013/322212