Oboru Pacific Engineering Services Pty Ltd v Gateway Partners Pty Ltd (in liquidation) [2014] FCA 1383

Oboru Pacific Engineering Services Pty Ltd v Gateway Partners Pty Ltd (in liquidation) [2014] FCA 1383

Leave is granted to commence proceedings against Gateway Partners Pty Ltd (in liquidation) because the applicants' claim appears genuine, there is insurance that responds to the claim, no opposition is raised, and the proceedings will not interfere with the orderly winding up, subject to s 562(1).

Jurisdiction
Australia
Judgment Date
03 December 2014
Procedural Posture
Application Under S 500(2) of the Corporations Act 2001 (cth) / Leave to Commence Proceedings
Outcome
Leave granted to commence proceedings against Gateway Partners Pty Ltd (in liquidation) under s 500(2)
Legal Topics
['application for Leave to Proceed Against Company in Liquidation' 'professional Indemnity Insurance' 'priority of Payments in Liquidation' 'damages for Breach of Contract, Negligence and Consumer Legislation']
['practice and Procedure' 'corporate Law'] ['application for Leave to Proceed Against Company in Liquidation' 'professional Indemnity Insurance' 'priority of Payments in Liquidation' 'damages for Breach of Contract, Negligence and Consumer Legislation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S 500(2) of the Corporations Act 2001 (cth) / Leave to Commence Proceedings

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings against a company in liquidation under s 500(2) of the Corporations Act 2001 (Cth)' 'Whether the proceedings will interfere with the orderly winding up of the company' 'Effect of professional indemnity insurance and operation of s 562(1)']

Ratio Decidendi

Leave is granted to commence proceedings against Gateway Partners Pty Ltd (in liquidation) because the applicants' claim appears genuine, there is insurance that responds to the claim, no opposition is raised, and the proceedings will not interfere with the orderly winding up, subject to s 562(1).

Court Disposition

Leave granted to commence proceedings against Gateway Partners Pty Ltd (in liquidation) under s 500(2)

Orders

  • ['Leave be granted to the applicants under s 500(2) of the Corporations Act 2001 (Cth) to commence proceedings against the first respondent.' 'Save for the operation of s 562(1), any judgment or order obtained in the proceeding against Gateway Partners Pty Ltd (in liquidation) shall not be enforced by the applicants...