In the matter of Dungowan Manly Pty Ltd (in liquidation) [2014] NSWSC 1721

In the matter of Dungowan Manly Pty Ltd (in liquidation) [2014] NSWSC 1721

Leave should be granted to Mr and Mrs McLaughlin to file the Amended Cross-Claim, limited to relief and pleading specified in paragraphs 1-10 and 1-55, and to bring part of that claim as a derivative action on behalf of the company in liquidation, subject to provision of a written indemnity protecting the company against costs and other conditions; leave also granted to conduct proceedings without retaining a solicitor; other relief not seriously arguable or inadequately pleaded should not proceed.

Jurisdiction
Australia
Judgment Date
02 December 2014
Procedural Posture
Interlocutory Application / Application for Leave to File Amended Cross Claim and Derivative Action
Outcome
Leave granted (in part) to file Amended Cross-Claim and bring derivative action on specified terms; leave to appear for the company without solicitor; directions made; costs reserved.
Legal Topics
['derivative Actions' 'company in Liquidation' 'shareholder Remedies' 'case Management' 'indemnity and Costs' 'self Represented Litigants']
['corporations Law' 'civil Procedure'] ['derivative Actions' 'company in Liquidation' 'shareholder Remedies' 'case Management' 'indemnity and Costs' 'self Represented Litigants']

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Procedural Posture

Interlocutory Application / Application for Leave to File Amended Cross Claim and Derivative Action

Legal Issues

  1. 1 ["Whether leave should be granted to file an Amended Cross-Claim in the company's name as a derivative action while in liquidation" 'Whether the proposed cross-claim has reasonable prospects of success' 'Whether proceedings should be permitted without retaining a solicitor' "Whether leave should be conditional on provision of an indemnity to protect the company's assets"]

Ratio Decidendi

Leave should be granted to Mr and Mrs McLaughlin to file the Amended Cross-Claim, limited to relief and pleading specified in paragraphs 1-10 and 1-55, and to bring part of that claim as a derivative action on behalf of the company in liquidation, subject to provision of a written indemnity protecting the company against costs and other conditions; leave also granted to conduct proceedings without retaining a solicitor; other relief not seriously arguable or inadequately pleaded should not proceed.

Court Disposition

Leave granted (in part) to file Amended Cross-Claim and bring derivative action on specified terms; leave to appear for the company without solicitor; directions made; costs reserved.

Orders

  • ['Leave granted to Mr and Mrs McLaughlin to file an Amended Cross Claim limited to specified relief and matters pleaded.' 'Leave granted to Mr and Mrs McLaughlin to bring derivative claim on behalf of the company, subject to written indemnity and other conditions.' 'Leave granted to Mr and Mrs McLaughlin to appear...