ASH STREET PROPERTIES PTY LIMITED v POLLNOW [1995] NSWCA 25

ASH STREET PROPERTIES PTY LIMITED v POLLNOW [1995] NSWCA 25

Reinstatement of the companies under s 574 of the Corporations Law validated all procedural steps taken in their name for taxation of costs, and the claimants' arguments regarding lack of authority and director tenure failed in light of legislative provisions and binding precedents.

Parties
Claimant: Ash Street Properties Pty Limited; Opponent: Errol Pollnow
Jurisdiction
Australia
Judgment Date
01 September 1995
Procedural Posture
Motion / Decision on Notice of Motion Regarding Stay and Setting Aside of Certificates of Taxation
Outcome
motion dismissed with costs
Legal Topics
Company Reinstatement, Taxation of Costs, Solicitors' Authority, Joint Entitlement to Costs
Corporations Civil Procedure Company Reinstatement Taxation of Costs Solicitors' Authority Joint Entitlement to Costs

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Parties

Ash Street Properties Pty Limited

Claimant

Errol Pollnow

Opponent

Procedural Posture

Motion / Decision on Notice of Motion Regarding Stay and Setting Aside of Certificates of Taxation

Legal Issues

  1. 1 Whether reinstatement of deregistered companies retrospectively validates procedural steps taken in their names
  2. 2 Authority of solicitors to file bills of costs on behalf of dissolved companies whose property vested in ASC
  3. 3 Whether deregistration affects directors' tenure affecting proceedings

Ratio Decidendi

Reinstatement of the companies under s 574 of the Corporations Law validated all procedural steps taken in their name for taxation of costs, and the claimants' arguments regarding lack of authority and director tenure failed in light of legislative provisions and binding precedents.

Court Disposition

motion dismissed with costs

Orders

  • Motion dismissed with costs.
  • Existing stays of execution are continued until fourteen (14) days after the making of these orders.