Owners Corporation Strata Plan 76011 v JML Group Pty Ltd and Anor [2015] NSWCATCD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation Strata Plan 76011 v JML Group Pty Ltd and Anor [2015] NSWCATCD 30 Hearing dates: 6 & 7 February 2014, 12 June 2014, 30 June 2014 & 30 January 2015 Decision date: 03 March 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: The Tribunal is satisfied that both the first and second respondents are now in liquidation and proceedings cannot be continued except with the leave of the Court. Unless the applicant obtains leave of the Supreme Court to continue the proceedings on or before 20 April 2015 the proceedings are dismissed. Catchwords: Effect of winding up of proceedings in NCAT – for the purposes of ss. 440D and 500(2) of the Corporations Act 2001 - Is NCAT a court - can proceedings be continued without leave of the Court. Legislation Cited: Corporations Act 2001 Cases Cited: Foxcroft v The Ink Group Pty Ltd (1994)15 ACSR 203 at 204 and 205 Aragen v Leighton (2013) NSWSC 1099 Sovereign M F Ltd v Compliance and Risk Services Pty Ltd (2013) VSC 213 MG Corrosion Consultant Pty Ltd v Gilmore (2012) FCA 383 Doran Constructions Pty Ltd (in liquidation) v Beresfield Aluminium Pty Ltd (2002) NSWCA 95 Shermin v One.tel Ltd (2001) VCAT 1896 Sovereign M F Ltd v Compliance and Risk Services Pty Ltd Anor (2013) VSC 213 Category: Principal judgment Parties: Owners Corporation Strata Plan 76011 (applicant) Bellford Group Holdings Pty Ltd formally known as JML Group Pty Ltd (first respondent) Wickham Project Pty Ltd (second respondent) Representation: Mr Butler – solicitor, appeared for the applicant on the interlocutory matter. Mr Morrissey - solicitor appeared for the second respondent on the interlocutory matter