In the matter of Worldwide Speciality Property Services Ltd (in liq) [2017] NSWSC 1851

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Worldwide Speciality Property Services Ltd (in liq) [2017] NSWSC 1851 Hearing dates: 3 November 2017 Date of orders: 03 November 2017 Decision date: 03 November 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Plaintiff have leave to commence and continue proceedings against second defendant Catchwords: CORPORATIONS – whether leave should be granted under (CTH) Corporations Act 2001, s 500 to commence and continue proceedings against company – whether leave is required to sue liquidator personally – whether if leave were required it would be granted – held, all questions answered in the affirmative. Legislation Cited: (CTH) Corporations Act 2001, s 500 Cases Cited: Aston v Heron (1834) 2 My & K 390; 39 ER 993 Barnes v Addy (1874) LR 9 Ch App 244 Eighty Second Agenda v Handberg [2014] VSC 655 Maidstone Palace of Varieties, In re [1909] 2 Ch 283 McDonald v Dare [2001] QSC 405 Siromath Pty Ltd (No 3), Re (1991) 25 NSWLR 25 Sullivan v Energy Services International Pty Ltd (in liq) [2002] NSWSC 937; 43 ACSR 179 Wambo Coal Pty Ltd v Ariff [2007] NSWSC 589 Category: Procedural and other rulings Parties: Kia Silverbrook (plaintiff) Gregory J Parker (in his personal capacity and as liquidator of Worldwide Speciality Property Services Pty Ltd (first defendant) Worldwide Speciality Property Services Pty Ltd (in liq) (second defendant) Representation: Counsel: S Golledge with S Lipp (plaintiff) S Wells (defendants)