Burwood Council v Pan Pac Investments Pty Ltd (No 2) [2019] NSWLEC 29

Land and Environment Court New South Wales

Medium Neutral Citation: Burwood Council v Pan Pac Investments Pty Ltd (No 2) [2019] NSWLEC 29 Hearing dates: 13 December 2018 and 18 December 2018 (further material) Decision date: 22 March 2019 Jurisdiction: Class 5 Before: Pain J Decision: See [21] of judgment Catchwords: PRACTICE & PROCEDURE – leave to continue criminal proceedings against a company in liquidation required by s 471B of Corporations Act 2001 (Cth) Legislation Cited: Companies Act 1961 (Vic) s 230 Companies Act 1962 (SA) s 263 Corporations Act 1989 (Cth) Corporations Act 2001 (Cth) ss 440D, 471B, 500 Environmental Planning and Assessment Act 1979 Liquor Licensing Act 1985 (SA) Roads Maintenance (Contribution) Act 1963 (SA) Cases Cited: Australian Securities Commission v Marlbourough Gold Mines Ltd (1993) 177 CLR 485; [1993] HCA 15 Burwood Council v Pan Pac Investments Pty Ltd [2018] NSWLEC 110 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 RA Ringwood Pty Ltd v Lower [1968] SASR 454 Re Timberland Ltd and Equitable Forestry Services Pty Ltd [1976] VR 790 SA Police v Temday Pty Ltd (1996) 184 LSJS 488 Tate v Aarjets Pty Ltd ATF The Jurgholme Trust & Anor [2010] QCA 243 Workcover Authority of NSW v Josef & Sons Contracting Pty Ltd (in liquidation) & Ors [2002] NSWIRComm 226 Texts Cited: A Keay, "Criminal Proceedings Against a Company in Liquidation: Is Leave of the Court Required?" (1999) 17 Company and Securities Law Journal 4 CCH Commentary: Australian Company Law Commentary Premium Ford, Austin and Ramsay's Principles of Corporations Law Halsbury's Laws of Australia McPherson's Law of Company Liquidation Robson's Annotated Corporations Legislation Category: Sentence Parties: Burwood Council (Prosecutor) Pan Pac Investments Pty Ltd (Defendant) Representation: COUNSEL: P English (Prosecutor) N/A (Defendant)