CENTURIAN CONSTRUCTIONS PTY LIMITED v BECA DEVELOPMENTS PTY LIMITED [1998] NSWCA 55

CENTURIAN CONSTRUCTIONS PTY LIMITED v BECA DEVELOPMENTS PTY LIMITED [1998] NSWCA 55

The application for leave to appeal filed on behalf of Centurian Constructions Pty Limited was struck out because Mr Newman did not have the authority or retainer from the company's liquidator to act, and as such could not properly prosecute the application or bind the company in costs.

Parties
Claimant: Centurian Constructions Pty Limited (in liquidation); Opponent: BECA Developments Pty Limited (in liquidation); Director of Claimant: Mr Pselletes
Jurisdiction
Australia
Judgment Date
06 February 1998
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal and Stay, Struck Out for Want of Authority
Outcome
Application for leave to appeal struck out; costs ordered against Mr Newman personally on an indemnity basis.
Legal Topics
Winding Up in Insolvency, Leave to Appeal, Retainer of Counsel, Authority to Act for Company, Costs
Corporations Law Civil Procedure Winding Up in Insolvency Leave to Appeal Retainer of Counsel Authority to Act for Company Costs

Case Brief

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Parties

Centurian Constructions Pty Limited (in liquidation)

Claimant

BECA Developments Pty Limited (in liquidation)

Opponent

Mr Pselletes

Director of Claimant

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal and Stay, Struck Out for Want of Authority

Legal Issues

  1. 1 Whether counsel (Mr Newman) had authority of liquidator to file application for leave to appeal on behalf of company under liquidation
  2. 2 Whether application for stay should be granted
  3. 3 Whether proceedings should be amended to substitute a director as applicant

Ratio Decidendi

The application for leave to appeal filed on behalf of Centurian Constructions Pty Limited was struck out because Mr Newman did not have the authority or retainer from the company's liquidator to act, and as such could not properly prosecute the application or bind the company in costs.

Court Disposition

Application for leave to appeal struck out; costs ordered against Mr Newman personally on an indemnity basis.

Orders

  • The application for leave to appeal filed on behalf of Centurian Constructions Pty Limited is struck out.
  • Mr Newman to pay the opponent's costs on an indemnity basis.