Permanent Custodian Limited v KCRAM Pty Limited (in Liquidation) [2011] FCA 1083

Permanent Custodian Limited v KCRAM Pty Limited (in Liquidation) [2011] FCA 1083

Leave to proceed against the first respondent in liquidation is granted because there is a serious question to be tried and the claim is covered by an insurance policy notified during the relevant period; the interests of justice and cited authorities support the grant of leave.

Jurisdiction
Australia
Judgment Date
22 September 2011
Procedural Posture
Notice of Motion for Leave to Continue Proceedings / Interlocutory Application; Leave to Proceed Against Company in Liquidation
Outcome
Leave to proceed against first respondent granted; enforcement of judgment against assets of first respondent requires court leave; correction of respondent name ordered; costs of motion to be costs in the proceedings.
Legal Topics
['leave to Proceed Against Company in Liquidation' 'insurance Cover for Liability' 'statutory and Common Law Causes of Action']
['practice and Procedure' 'corporations'] ['leave to Proceed Against Company in Liquidation' 'insurance Cover for Liability' 'statutory and Common Law Causes of Action']

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Procedural Posture

Notice of Motion for Leave to Continue Proceedings / Interlocutory Application; Leave to Proceed Against Company in Liquidation

Legal Issues

  1. 1 ['Whether leave should be granted to proceed against first respondent in liquidation' 'Applicability of insurance policy to the claim' 'Whether a serious question to be tried exists']

Ratio Decidendi

Leave to proceed against the first respondent in liquidation is granted because there is a serious question to be tried and the claim is covered by an insurance policy notified during the relevant period; the interests of justice and cited authorities support the grant of leave.

Court Disposition

Leave to proceed against first respondent granted; enforcement of judgment against assets of first respondent requires court leave; correction of respondent name ordered; costs of motion to be costs in the proceedings.

Orders

  • ['Leave to proceed against the First Respondent be granted pursuant to s 500(2) of the Corporations Act 2001 (Cth).' 'Any judgment obtained by the Applicants against the First Respondent not be enforced against the assets of the First Respondent without the leave of the Court.' "The Registrar correct the Court file...