Genworth Financial Mortgage Insurance Pty Limited v Hodder Rook & Associates Pty Limited [2017] NSWSC 639

Supreme Court New South Wales

Medium Neutral Citation: Genworth Financial Mortgage Insurance Pty Limited v Hodder Rook & Associates Pty Limited [2017] NSWSC 639 Hearing dates: 28 March 2017 Decision date: 28 March 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Grant leave to Mr Madura Perera to appear in respect of his own application in the proceedings. Decline to make any order permitting Mr Perera to perform or exercise any function or power as an officer of, or represent the interests of, the Defendant company. Catchwords: CORPORATIONS – Management and administration – Authority, rights and powers of officers of corporation – Application by director to represent a company in proceedings while it is being wound up – where director thereby seeks to vindicate his personal reputation – whether it is in the interests of the company or the director, or the interests of justice, to make the orders sought. Legislation Cited: - Civil Liability Act 2002 (NSW), s 38(1) - Civil Procedure Act 2005 (NSW), s 16 - Corporations Act 2001 (Cth), s 471A - Uniform Civil Procedure Rules (NSW), r 7.1 Category: Procedural and other rulings Parties: Genworth Financial Mortgage Insurance Pty Limited (Plaintiff) Hodder Rook & Associates Pty Limited (Defendant) Genworth Financial Mortgage Insurance Pty Limited (Applicant/Respondent) M Perera (Respondent/Applicant) Representation: Counsel: R Mansted (Applicant/Respondent)

Solicitors: Hicksons (Applicant/Respondent) M Perera (Respondent/Applicant) File Number(s): 2008/290472