In the application of Balesfire Pty Ltd (De-Registered) trading as Gutter Shop; Cameron Davy v Australian Securities & Investments Commission [2013] NSWSC 1996

In the application of Balesfire Pty Ltd (De-Registered) trading as Gutter Shop; Cameron Davy v Australian Securities & Investments Commission [2013] NSWSC 1996

The application for reinstatement was unnecessary and misconceived because the plaintiff could have obtained a superior result at less cost and inconvenience by applying in the District Court to join the insurers under s 601AG. Once Allianz admitted that Balesfire was the plaintiff's employer and consented to joinder in the District Court proceedings, SGIO's potential liability as public liability insurer evaporated, so SGIO was entitled to its costs and the plaintiff's own costs were ordered to be costs in the District Court proceedings.

Jurisdiction
Australia
Judgment Date
02 December 2013
Procedural Posture
Application Under (cth) Corporations Act 2001 S 601 AH for Reinstatement of Registration of a Deregistered Company / Ex Tempore Principal Judgment in the Equity Division Corporations List
Outcome
No reinstatement order was made; the Court noted Allianz's admission and consent to joinder and made costs orders.
Legal Topics
['reinstatement of Deregistered Company' 'insurer Liability for Deregistered Company' 'joinder of Insurers' 'employment Status' 'costs']
['corporations Law' "workers' Compensation" 'insurance' 'civil Procedure' 'personal Injury'] ['reinstatement of Deregistered Company' 'insurer Liability for Deregistered Company' 'joinder of Insurers' 'employment Status' 'costs']

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Procedural Posture

Application Under (cth) Corporations Act 2001 S 601 AH for Reinstatement of Registration of a Deregistered Company / Ex Tempore Principal Judgment in the Equity Division Corporations List

Legal Issues

  1. 1 ['Whether the registration of Balesfire Pty Ltd should be reinstated under (Cth) Corporations Act 2001 s 601AH.' 'Whether the plaintiff could proceed by joining insurers in the District Court proceedings under (Cth) Corporations Act 2001 s 601AG.' "Whether Allianz's admission that Balesfire Pty Ltd was the plaintiff's employer affected the potential liability of SGIO." 'What costs orders should be made.']

Ratio Decidendi

The application for reinstatement was unnecessary and misconceived because the plaintiff could have obtained a superior result at less cost and inconvenience by applying in the District Court to join the insurers under s 601AG. Once Allianz admitted that Balesfire was the plaintiff's employer and consented to joinder in the District Court proceedings, SGIO's potential liability as public liability insurer evaporated, so SGIO was entitled to its costs and the plaintiff's own costs were ordered to be costs in the District Court proceedings.

Court Disposition

No reinstatement order was made; the Court noted Allianz's admission and consent to joinder and made costs orders.

Orders

  • ["The second defendant Allianz Australia Workers' Compensation (NSW) Ltd admits, for the purpose of these proceedings and for the purpose of the proceedings instituted in the District Court of NSW by the plaintiff against Balesfire Pty Ltd, that Balesfire Pty Ltd was the employer of the plaintiff at the time of the...