Dowdon Civil Contractors Pty Ltd v Workers Compensation Nominal Insurer; Hansen Yuncken Pty Ltd v Workers Compensation Nominal Insurer [2013] NSWSC 304

Section 601AG does not apply because Sporty's Transport Pty Ltd is still under external administration and not deregistered; leave under s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 is required because the winding-up commenced after the event giving rise to the claim. The appropriate jurisdiction for...

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 18 February 2013
Procedural Posture: Interlocutory Application / Transfer of Proceedings
Outcome: Proceedings transferred to the Common Law Division
Legal Topics: ['winding Up' 'statutory Charge' 'leave to Proceed' 'claim Against Insurer']

['corporations Law' 'insurance Law'] ['winding Up' 'statutory Charge' 'leave to Proceed' 'claim Against Insurer']

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Procedural Posture

Interlocutory Application / Transfer of Proceedings

Legal Issues

1 ['Whether leave is required to proceed directly against insurer under Corporations Act s 601AG' 'Whether leave should be granted to file cross-claim against Workers Compensation Nominal Insurer under Law Reform (Miscellaneous Provisions) Act 1946 s 6']

Ratio Decidendi

Court Disposition

Proceedings transferred to the Common Law Division

Orders

['Proceedings transferred to the Common Law Division, to be listed in connection with proceedings 2013/24950']

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