In the matter of A.C.N. 092 138 442 Pty Limited (in liquidation) [2013] NSWSC 639

In the matter of A.C.N. 092 138 442 Pty Limited (in liquidation) [2013] NSWSC 639

Bristrol was a registered foreign company incorporated in New Zealand and in liquidation there, but it was not a company registered under the Corporations Act 2001 (Cth) within the s 9 definition for the purposes of s 500. The s 9 definition refers to registration under s 118, which creates an Australian company under s 119, and the Act's provisions and the limited extension of the definition for Parts 5.7B and 5.8 show that registered foreign companies are not included for all purposes. Accordingly, leave under s 500 was not required to bring or continue proceedings against Bristrol; service of the Interlocutory Process was in any event established under s 601CX.

Jurisdiction
Australia
Judgment Date
23 May 2013
Procedural Posture
Corporations Interlocutory Application for Leave to Proceed Against a Defendant in Liquidation / Interlocutory Application
Outcome
Leave not required to bring or continue proceedings against the First Defendant.
Legal Topics
['leave to Proceed Against Company in Voluntary Winding Up' 'registered Foreign Companies' 'service of Interlocutory Process' 'meaning of Company Under Corporations Act 2001 (cth) S 9']
['corporations' 'civil Procedure'] ['leave to Proceed Against Company in Voluntary Winding Up' 'registered Foreign Companies' 'service of Interlocutory Process' 'meaning of Company Under Corporations Act 2001 (cth) S 9']

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

Corporations Interlocutory Application for Leave to Proceed Against a Defendant in Liquidation / Interlocutory Application

Legal Issues

  1. 1 ['Whether service of the Interlocutory Process on Bristrol Custodians Limited or its liquidator was effective.' 'Whether leave under Corporations Act 2001 (Cth) s 500(2) was required to bring or continue proceedings against Bristrol Custodians Limited, a New Zealand company being wound up in New Zealand and registered as a foreign company in Australia.' 'Whether a foreign company registered under Part 5B.2 Div 2 is a company registered under this Act within the definition of company in Corporations Act 2001 (Cth) s 9 for the purposes of s 500.']

Ratio Decidendi

Bristrol was a registered foreign company incorporated in New Zealand and in liquidation there, but it was not a company registered under the Corporations Act 2001 (Cth) within the s 9 definition for the purposes of s 500. The s 9 definition refers to registration under s 118, which creates an Australian company under s 119, and the Act's provisions and the limited extension of the definition for Parts 5.7B and 5.8 show that registered foreign companies are not included for all purposes. Accordingly, leave under s 500 was not required to bring or continue proceedings against Bristrol; service of the Interlocutory Process was in any event established under s 601CX.

Court Disposition

Leave not required to bring or continue proceedings against the First Defendant.

Orders

  • ['Parties to submit agreed Short Minutes of Order dealing with the question of costs within 7 days or, if no agreement is reached, their respective submissions as to costs.' 'Orders as to costs will be made in chambers.']