In the matter of RCG CBD Pty Ltd [2016] NSWSC 1937

Supreme Court New South Wales

Medium Neutral Citation: In the matter of RCG CBD Pty Ltd [2016] NSWSC 1937 Hearing dates: Monday, 10 October 2016 Date of orders: 13 October 2016 Decision date: 13 October 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Interlocutory process dismissed with costs. Catchwords: CORPORATIONS – winding up – application seeking substitution of a defendant – whether (NSW) Civil Procedure Act 2005, s 65, applies – whether there was a mistake that was one of misnomer – intention of liquidator when proceedings instituted – no testimonial evidence of liquidator as to who he intended to sue or characteristics of that person – held, on available evidence, no mistake of misnomer. Legislation Cited: (CTH) Corporations Act 2001, s 9, s 588FF(3) (NSW) Civil Procedure Act 2005, s 64, s 65 Cases Cited: Bridge Shipping Pty Ltd v Grand Shipping SA [1991] HCA 45; [1991] 173 CLR 231 Environinvest Ltd v Former Partnership of Webster, White, Gridley, Nairn & Ors [2012] 208 FCR 376 Evans Construction Co Ltd v Charrington & Co [1983] QB 810 Fat 4 Pty Ltd v Feber Distribution Pty Ltd [2016] VSC 304 Reed Constructions Australia Pty Ltd [2015] FCA 1500 Category: Procedural and other rulings Parties: Mitchell Warren Ball (first plaintiff) RCG CBD Pty Ltd (second plaintiff) Banq Accountants and Advisors Pty Ltd (first defendant) Wenman Brimak Investments Pty Ltd (second defendant) Statewide Printing Group Pty Ltd (third defendant) Sivasli Pty Ltd (fifth defendant) Harry Patsouris (sixth defendant) Kitto Investments Pty Ltd (seventh defendant) Fox & Staniland Pty Ltd (eighth defendant) Kazzi Investments Pty Ltd (ninth defendant) Coolfind Pty Ltd (tenth defendant) Representation: Counsel: A Narayan (plaintiffs) B Campbell (eighth defendant) C E Babe (proposed eighth defendant)