In the matter of Link Construction (NSW) Pty Ltd (in liquidation) [2016] NSWSC 684

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Link Construction (NSW) Pty Ltd (in liquidation) [2016] NSWSC 684 Hearing dates: 23 May 2016 Decision date: 23 May 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that Plaintiff be granted leave to proceed with, and maintain, proceedings against the First Defendant in the District Court of New South Wales with effect from 19 April 2016. Leave granted upon condition that Plaintiff will not seek to enforce any judgment against the First Defendant without leave of the Court. Catchwords: CORPORATIONS — Order sought for leave to be granted nunc pro tunc under s 500(2) of the Corporations Act 2001 (Cth) to proceed with claims against company in voluntary liquidation – where application for leave under s 500(2) of the Corporations Act 2001 (Cth) was filed after the expiry of relevant limitation period for the claims in substantive proceedings – whether leave should be granted in circumstances that company defending the substantive proceedings may be indemnified by insurer in respect of the claims – whether if leave is granted nunc pro tunc it should be granted from the date of commencement of the substantive proceedings in circumstances where that may deprive company of limitation defence. Legislation Cited: - Corporations Act 2001 (Cth), s 500 - Insurance Contracts Act 1984 (Cth), s 54 - Limitation Act 1969 (NSW) - Sydney Water Act 1994 (NSW), s 45 Cases Cited: - Altinova Nominees Pty Ltd v Leveraged Capital Pty Ltd (Receivers and Managers Appointed) (in liq) (No 2) [2009] FCA 42 - Bell Group Ltd (in liq) v Westpac Banking Corporation [2000] FCA 439; (2000) 173 ALR 427 - HFPS Pty Ltd (Trustee) v Tamaya Resources Ltd (in liq) (No 1) [2016] FCA 442 - Oceanic Life Ltd v Insurance and Retirement Planning Services Pty Ltd (in liq) (1993) 11ACSR 516 - Re Gordon Grant v Grant Pty Ltd [1983] 2 Qd R 314; (1983) 7 ACLR 669 - Swaby v Lift Capital Partners Pty Ltd [2009] FCA 749; (2009) 72 ACSR 627 Category: Principal judgment Parties: Sydney Water Corporation (Plaintiff) Link Construction (NSW) Pty Ltd (in liquidation) (First Defendant) Civil Foundations Pty Ltd (Second Defendant) Representation: Counsel: S Sykes (Plaintiff) P Riordan (Solicitor - Defendants)