Tyropanis v Smurf's Traffic Management Pty Ltd (In Liq) [2007] NSWSC 123

Tyropanis v Smurf's Traffic Management Pty Ltd (In Liq) [2007] NSWSC 123

Plaintiff is entitled to leave to proceed against defendant company in voluntary liquidation where claim is insured, pursuant to s 500(2) Corporations Act 2001 (Cth), and any judgment obtained may not be enforced without leave of the court.

Jurisdiction
Australia
Judgment Date
20 February 2007
Procedural Posture
Personal Injury Claim Against Company in Voluntary Liquidation / Application for Leave to Proceed
Outcome
Leave to proceed granted; enforcement of judgment only with further leave; costs ordered as costs in cause.
Legal Topics
['winding Up Voluntarily' 'stay of Proceedings' 'leave to Proceed Against Company in Liquidation']
['corporations' 'equity'] ['winding Up Voluntarily' 'stay of Proceedings' 'leave to Proceed Against Company in Liquidation']

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

Personal Injury Claim Against Company in Voluntary Liquidation / Application for Leave to Proceed

Legal Issues

  1. 1 ['Should leave to proceed be granted against a company in voluntary liquidation?' 'Can judgment against such a company be enforced without court’s leave?']

Ratio Decidendi

Plaintiff is entitled to leave to proceed against defendant company in voluntary liquidation where claim is insured, pursuant to s 500(2) Corporations Act 2001 (Cth), and any judgment obtained may not be enforced without leave of the court.

Court Disposition

Leave to proceed granted; enforcement of judgment only with further leave; costs ordered as costs in cause.

Orders

  • ['Plaintiff granted leave to file affidavit of S Brigstocke sworn 19 February 2007.' 'Leave to proceed against defendant in District Court proceeding 5174 of 2005 granted under s 500(2) Corporations Act 2001 (Cth).' 'Any judgment obtained in those District Court proceedings not to be enforced without further leave...