Rickhuss v The Cosmetic Institute Pty Ltd (No.2) [2018] NSWSC 2000

Supreme Court New South Wales

Medium Neutral Citation: Rickhuss v The Cosmetic Institute Pty Ltd (No.2) [2018] NSWSC 2000 Hearing dates: 14 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) In respect of each of the first, third and fourth defendants, namely The Cosmetic Institute Pty Limited (in liq), TCI Bondi Junction Pty Limited (in liq) and TCI Southport Pty Limited (in liq), I order pursuant to s 500(2) of the Corporations Act 2001 (Cth) that the plaintiffs have leave nunc pro tunc to proceed against those companies in these proceedings, namely case number 2017/00279308.

(2) I order that the costs of the Motion be costs in the cause. Catchwords: CORPORATIONS – leave to proceed against companies in liquidation pursuant to s 500(2) of the Corporations Act 2001 (Cth) – where leave is being sought to continue representative proceeding – not opposed by liquidators – leave granted Legislation Cited: Corporations Act 2001 (Cth) Category: Procedural and other rulings Parties: Amy Rickhuss (P1) Kylie Pollock (P2) Jessica Bruen (P3) Kirsty-Anne Rowlands (P4) Lily Knowland (P5) The Cosmetic Institute Pty Ltd (in liq) (D1) The Cosmetic Institute Parramatta Pty Ltd (in liq) (D2) TCI Bondi Junction Pty Ltd (in liq) (D3) TCI Southport Pty Ltd (in liq) (D4) Dr Eddy Dona (D5) Representation: Counsel: D Graham SC / S Tzouganatos (P1-P5) A Flecknoe-Brown (D1-D4) N Martin (solicitor) (D5)