In the matter of Liquid Vision Pty Ltd (in liquidation) (deregistered) [2019] NSWSC 1464

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Liquid Vision Pty Ltd (in liquidation) (deregistered) [2019] NSWSC 1464 Hearing dates: 22 July 2019 Decision date: 28 October 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Order pursuant to rule 41.3 of the Uniform Civil Procedure Rules 2005 (NSW) that the funds paid into court by the plaintiffs in the amount of $5,000 together with all accrued interest thereon be paid out to the first defendant. Catchwords: CIVIL PROCEDURE — Funds in Court —Security for costs paid into Court in 2000 by plaintiffs — proceedings settled with releases and no costs order made — Plaintiff company deregistered — Liquidator of plaintiff no longer in practice, and cannot be contacted — Other shareholders of plaintiff company cannot be contacted — purpose for which monies paid into court did not extend to paying the monies to the defendants in the absence of a costs order — Unique circumstances — Appropriate for funds to be paid to first defendant where he is only person claiming to be entitled to the funds. Legislation Cited: Corporations Act 2001 (Cth), s 601AD Uniform Civil Procedure Rules 2005 (NSW), rr 41.3, 41.10. 41.11 Cases Cited: Australian Securities and Investments Commission v Wily & Hurst (2019) 137 ACSR 1; [2019] NSWSC 521 Bendigo and Adelaide Bank v Gorcyznski [2015] NSWSC 652 National Australia Bank Limited v Cunningham [2014] NSWSC 1095 Texts Cited: Ritchie's Uniform Civil Procedure New South Wales (LexisNexis, looseleaf) Category: Consequential orders (other than Costs) Parties: Peter Damian McNamara (Applicant)