In the matter of Ballistic Australia Pty Limited (ACN 112 963 238) [2014] NSWSC 1495

In the matter of Ballistic Australia Pty Limited (ACN 112 963 238) [2014] NSWSC 1495

The proceedings are adequately constituted without joining Mr Dodson as a party, since creditors and contributories may be heard without being joined and there is no application for relief against Mr Dodson nor an application to be joined; thus, there is no reason at this stage to join him as defendant. The case will proceed against the company, and adjournment is required as formal steps have not been completed.

Parties
First Plaintiff: Allan Raynor Arthur; Second Plaintiff: Arthur Pipe and Steel Australia Pty Ltd ACN 067 516 769; Defendant: Ballistic Australia Pty Ltd ACN 112 963 238
Jurisdiction
Australia
Judgment Date
14 July 2014
Procedural Posture
Corporations Winding Up Application / Interlocutory/procedural Adjournment
Outcome
Proceedings adjourned
Legal Topics
Winding Up, Just and Equitable Ground, Deadlock, Joinder of Parties
Corporations Winding Up Just and Equitable Ground Deadlock Joinder of Parties

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Parties

Allan Raynor Arthur

First Plaintiff

Arthur Pipe and Steel Australia Pty Ltd ACN 067 516 769

Second Plaintiff

Ballistic Australia Pty Ltd ACN 112 963 238

Defendant

Procedural Posture

Corporations Winding Up Application / Interlocutory/procedural Adjournment

Legal Issues

  1. 1 Whether shareholder Mr Dodson should be joined as defendant in winding up proceedings
  2. 2 Whether application is properly constituted in the absence of other shareholder/director
  3. 3 Authority to retain solicitor to appear on behalf of company in deadlock scenario

Ratio Decidendi

The proceedings are adequately constituted without joining Mr Dodson as a party, since creditors and contributories may be heard without being joined and there is no application for relief against Mr Dodson nor an application to be joined; thus, there is no reason at this stage to join him as defendant. The case will proceed against the company, and adjournment is required as formal steps have not been completed.

Court Disposition

Proceedings adjourned

Orders

  • Proceedings adjourned to 28 July 2014 at 9.45 in the corporations judge's motions list