Karl Damien v Andrew John Cummins in his capacity as Liquidator of GHIS Pty Ltd ACN 079 830 498 (in liquidation) [2017] NSWSC 227

Supreme Court New South Wales

Medium Neutral Citation: Karl Damien v Andrew John Cummins in his capacity as Liquidator of GHIS Pty Ltd ACN 079 830 498 (in liquidation) [2017] NSWSC 227 Hearing dates: 17 February 2017 Date of orders: 17 February 2017 Decision date: 17 February 2017 Jurisdiction: Equity - Duty List Before: Rein J Decision: See [10] Catchwords: CORPORATIONS – whether leave, pursuant to s 500(2) of the Corporations Act 2001 (Cth) should be granted to the plaintiff to proceed against a company in liquidation Legislation Cited: Corporations Act 2001 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Cases Cited: HFPS Pty Limited (Trustee) v Tamaya Resources Limited (In Liq) (No 1) [2016] FCA 442 Re Gordon Grant and Grant Pty Limited [1983] 2 Qd R 314 Vagrand Pty Limited (in liq) v Fielding (1993) 41 FCR 550 at 554-555 Executive Director, Dept of Conservation and Land Management v Ringfab Environmental Structures Pty Ltd [1997] FCA 1484 Re Bigdeal Artist Management Pty Ltd (in liq) [2015] NSWSC 936 Category: Principal judgment Parties: Karl Damien (Plaintiff) Andrew John Cummins in his capacity as Liquidator of GHIS Pty Ltd ACN 079 830 498 (in liquidation) (First Defendant) Brian Raymond Silvia in his capacity as Liquidator of GHIS Pty Ltd ACN 079 830 498 (in liquidation) (Second Defendant) GHIS PTY LTD (Third Defendant) Representation: Counsel: Mr H Stitt (Plaintiff) Mr R Lyne (Defendants) Solicitors: WKA Legal (Plaintiff) Polczynski Lawyers (First, Second & Third Defendants) File Number(s): 2017/46074 Publication restriction: Nil