Harcourts WA Pty Ltd v Roy Weston Nominees Pty Ltd (No 7) [2017] FCA 1150

Harcourts WA Pty Ltd v Roy Weston Nominees Pty Ltd (No 7) [2017] FCA 1150

Leave was granted as the continuation of proceedings to assess costs would not prejudice the liquidation, might benefit other creditors, would not distract the liquidator, the proceedings were at an advanced stage, and the liquidator did not oppose leave.

Parties
Applicant/cross Respondent (sad 224 of 2012); Respondent (wad 167 of 2013): Harcourts WA Pty Ltd; Respondent/cross Claimant (sad 224 of 2012); Applicant (wad 167 of 2013): Roy Weston Nominees Pty Ltd
Jurisdiction
Australia
Judgment Date
26 September 2017
Procedural Posture
Application for Leave to Proceed Against Company in Liquidation / Post Trial/leave to Proceed After Company Enters Liquidation
Outcome
Leave to proceed granted, subject to condition that no judgment is enforced against company without leave of court; costs in the cause.
Legal Topics
Leave to Proceed Against Company in Liquidation, Costs Assessment, Trade Marks, Discretion Under S 500(2) Corporations Act
Corporations Law Intellectual Property Law Leave to Proceed Against Company in Liquidation Costs Assessment Trade Marks Discretion Under S 500(2) Corporations Act

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Parties

Harcourts WA Pty Ltd

Applicant/cross Respondent (sad 224 of 2012); Respondent (wad 167 of 2013)

Roy Weston Nominees Pty Ltd

Respondent/cross Claimant (sad 224 of 2012); Applicant (wad 167 of 2013)

Procedural Posture

Application for Leave to Proceed Against Company in Liquidation / Post Trial/leave to Proceed After Company Enters Liquidation

Legal Issues

  1. 1 Whether leave should be granted to proceed with proceedings against a company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) for assessment/agreement of costs orders

Ratio Decidendi

Leave was granted as the continuation of proceedings to assess costs would not prejudice the liquidation, might benefit other creditors, would not distract the liquidator, the proceedings were at an advanced stage, and the liquidator did not oppose leave.

Court Disposition

Leave to proceed granted, subject to condition that no judgment is enforced against company without leave of court; costs in the cause.

Orders

  • Applicant/Cross-Respondent (SAD 224 of 2012) granted leave to proceed against Respondent/Cross-Claimant (RWN), subject to not seeking to enforce any judgment without leave of the Court, under s 500(2) Corporations Act 2001 (Cth).
  • Costs of application be in the cause.