In the matter of Terra Cresta Business Solutions Pty Limited [2016] NSWSC 1961

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Terra Cresta Business Solutions Pty Limited [2016] NSWSC 1961 Hearing dates: Monday, 16 May 2016 Date of orders: 16 May 2016 Decision date: 16 May 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Amended originating process dismissed with costs Catchwords: PROCEDURE – application for dismissal or striking out originating process brought in name of company in liquidation – where liquidator unaware of proceedings and does not consent to their institution – where proceedings purportedly brought pursuant to assignment of chose in action by company – held, company in liquidation is not a proper plaintiff Legislation Cited: (CTH) Corporations Act 2001, s 420, s 423 Cases Cited: Bank of Western Australia Ltd v Usalj [2010] NSWSC 991 Cook v Northoak Holdings Pty Ltd (rec & mgr apptd), (1997) 25 ACSR 517; 15 ACLC 1656 GE Capital Australia v Davis (2002) 180 FLR 250; 11 BPR 20,529; [2002] NSWSC 1146 Newtronics Pty Ltd, Re; ATCO Controls Pty Ltd (in liq) v Stewart [2011] VSC 349 Oswal v Carson & Ors (in their capacities as recs and mgrs of Burrup Fertilisers Pty Ltd (recs & mgrs apptd) (No 3) (2013) 300 ALR 149; 93 ACSR 645; [2013] FCA 357 S and D International Pty Ltd (in liq) (recs and mgrs apptd), Re [2009] VSC 225 Category: Procedural and other rulings Parties: Terra Cresta Business Solutions Pty Limited (in liquidation)(plaintiff) Richard Albarran and the person identified in Schedule A to the Amended Originating Process t/a Hall Chadwick (NSW)(defendant) Representation: Counsel: C Harris SC (plaintiff/respondent) D Jarrett (defendant/applicant)