In the matter of Essential Access & Scaffolding Pty Ltd [2019] NSWSC 1259

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Essential Access & Scaffolding Pty Ltd [2019] NSWSC 1259 Hearing dates: 3 September 2019 Date of orders: 03 September 2019 Decision date: 03 September 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted, nunc pro tunc, for the Plaintiff to proceed with his claim against the Defendant in proceedings 2017/259390 in the District Court of New South Wales. AAI Limited trading as Vero Insurance to pay the Plaintiff's costs, limited to the hearing today, as agreed or as assessed. Catchwords: CORPORATIONS – winding up – proceedings against company – application for leave to continue proceedings already commenced – where liquidator does not oppose grant of leave – where commenced proceedings concern personal injury claim – where arguable that defendant insured and indemnified by insurer – where insurer opposes grant of leave – whether seriously arguable claim against defendant. Legislation Cited: - Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) s 12 - Corporations Act 2001 (Cth) Ch 7; s 471B - Insurance Contracts Act 1984 (Cth) s 51 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 6 - Supreme Court (Corporations) Rules 1999 (NSW) r 2.13 Cases Cited: - Ex parte Walker (1982) 6 ACLR 423 - Re Coastal Constructions Pty Ltd (in liq) (1994) 13 ACSR 329 - Re Gia Firenze Investments Pty Ltd [2013] NSWSC 99 - Re Ozrac Engineering New South Wales Pty Ltd (in liq) [2013] NSWSC 740 - Re Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129 - Re Reed Constructions Australia Pty Ltd (in liq) [2015] NSWSC 2033 Category: Principal judgment Parties: Mohamad Fawal (Plaintiff) Essential Access & Scaffolding Pty Ltd (in liq) (Defendant) AAI Limited trading as Vero Insurance (Interested Person) Representation: Counsel: P J Macarounas (Plaintiff) R Perla (Interested Person)