In the Matter of Perica, Dennis & Anor; Crolink Pty Ltd (in liq) & Anor v Official Trustee in Bankruptcy as Trustee of Dennis & Gordana Perica In the Matter of Crolink Pty Ltd (in liq); Crolink Pty Ltd (in liq) & Anor v Croatia Sydney Soccer Football Club Ltd & Anor [1998] FCA 659

In the Matter of Perica, Dennis & Anor; Crolink Pty Ltd (in liq) & Anor v Official Trustee in Bankruptcy as Trustee of Dennis & Gordana Perica In the Matter of Crolink Pty Ltd (in liq); Crolink Pty Ltd (in liq) & Anor v Croatia Sydney Soccer Football Club Ltd & Anor [1998] FCA 659

Leave was granted because the application was made in a case materially analogous to Conical Holdings Pty Ltd (In Liq) v Clark: the corporation was in liquidation, the person proposed to fulfil the solicitor role was an experienced liquidator rather than a shareholder or director of an impecunious corporation, and counsel would be briefed. To preserve the protections ordinarily supplied by legal representation, leave was made conditional on counsel being briefed to appear, to settle pleadings and affidavits, and to advise on evidence a reasonably substantial time before hearing.

Jurisdiction
Australia
Judgment Date
27 May 1998
Procedural Posture
Corporations Application for Leave for a Corporation in Liquidation to Conduct Litigation Without a Solicitor / Ex Tempore Reasons and Orders on Motions for Extension of Time and Leave Nunc Pro Tunc
Outcome
Extension of time granted; leave nunc pro tunc granted to the first applicant to continue the proceedings without a solicitor on the record, subject to conditions; costs reserved; matters stood over for further directions.
Legal Topics
['corporation in Liquidation Conducting Litigation Without a Solicitor' 'liquidator Acting in Role of Solicitor' 'briefing Counsel' 'leave Nunc Pro Tunc' 'extension of Time']
['corporations' 'civil Procedure' 'legal Profession'] ['corporation in Liquidation Conducting Litigation Without a Solicitor' 'liquidator Acting in Role of Solicitor' 'briefing Counsel' 'leave Nunc Pro Tunc' 'extension of Time']

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Procedural Posture

Corporations Application for Leave for a Corporation in Liquidation to Conduct Litigation Without a Solicitor / Ex Tempore Reasons and Orders on Motions for Extension of Time and Leave Nunc Pro Tunc

Legal Issues

  1. 1 ['Whether a corporation in liquidation should be granted leave to continue proceedings without a solicitor on the record.' 'Whether an experienced liquidator may fulfil the role of solicitor if counsel is briefed for the hearing and for preparation of pleadings, affidavits and evidence.' 'What conditions should attach to leave for a corporation to conduct litigation without a solicitor.']

Ratio Decidendi

Leave was granted because the application was made in a case materially analogous to Conical Holdings Pty Ltd (In Liq) v Clark: the corporation was in liquidation, the person proposed to fulfil the solicitor role was an experienced liquidator rather than a shareholder or director of an impecunious corporation, and counsel would be briefed. To preserve the protections ordinarily supplied by legal representation, leave was made conditional on counsel being briefed to appear, to settle pleadings and affidavits, and to advise on evidence a reasonably substantial time before hearing.

Court Disposition

Extension of time granted; leave nunc pro tunc granted to the first applicant to continue the proceedings without a solicitor on the record, subject to conditions; costs reserved; matters stood over for further directions.

Orders

  • ['An extension of time be granted as sought.' 'Leave be granted nunc pro tunc to the first applicant to continue the proceedings in the absence of a solicitor on the record, on condition that counsel be briefed to appear at the hearing of the proceedings, counsel be briefed to settle all pleadings and all...