Staunton v Parfit Investments Pty Ltd [2018] NSWSC 1857

Supreme Court New South Wales

Medium Neutral Citation: Staunton v Parfit Investments Pty Ltd [2018] NSWSC 1857 Hearing dates: 26 November 2018 Date of orders: 26 November 2018 Decision date: 26 November 2018 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to s 500 of the Corporations Act 2001 (Cth) the plaintiffs have leave to continue the proceedings against the third defendant (in liquidation) on the basis that the plaintiffs undertake that they will not, without the leave of the Court, seek to enforce against the third defendant any judgment which they may obtain against it in the proceedings. Catchwords: PROCEDURE – application pursuant to s 500(2) of Corporations Act 2001 (Cth) for leave to continue proceedings against a company in liquidation Legislation Cited: Corporations Act 2001 (Cth), s 500(2) Australian Commercial Law, s 18 Cases Cited: Active Adult Management Pty Ltd v Milstern Retirement Living Pty Ltd [2017] NSWSC 1238 Oliveri v P M Sulcs & Associates Pty Ltd (in liq) [2012] NSWSC 1311 Category: Procedural and other rulings Parties: June Edwinn Staunton (first plaintiff) Colin Andrew Towns (second plaintiff) Stillness Moves Pty Ltd (ACN 608681385) (third plaintiff) Parfit Investments Pty Ltd (ACN 5386425) (first defendant) Andrew David Cookes (second defendant) Mary Magalotti (third defendant) Life Resolutions Australia Pty Ltd (ACN 118704313) (fourth defendant) Representation: Counsel: M Hassall (plaintiff) E Debono (first and second defendants) No appearance for third and fourth defendants