GRUZMAN PTY LTD v BATEMAN (trading as THE BATEMAN PHOTOGRAPHIC (GROUP)) [1996] NSWCA 234

GRUZMAN PTY LTD v BATEMAN (trading as THE BATEMAN PHOTOGRAPHIC (GROUP)) [1996] NSWCA 234

As the appellant company has been reregistered, any incompetence in the appeal arising from its dissolution has been removed, so the notice of motion must be dismissed.

Parties
Appellant: Gruzman Pty Limited; Claimant: Bateman (t/as The Bateman Photographic Group)
Jurisdiction
Australia
Judgment Date
04 October 1996
Procedural Posture
Appeal / Interlocutory (notice of Motion Decision)
Outcome
Notice of motion dismissed; costs to claimant; matter proceeds to hearing.
Legal Topics
Company Dissolution, Restore to Register, Incompetence of Appeal, Costs
Corporations Law Civil Procedure Company Dissolution Restore to Register Incompetence of Appeal Costs

Case Brief

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Parties

Gruzman Pty Limited

Appellant

Bateman (t/as The Bateman Photographic Group)

Claimant

Procedural Posture

Appeal / Interlocutory (notice of Motion Decision)

Legal Issues

  1. 1 Whether the appeal is incompetent because the appellant company was dissolved under the Corporations Law.
  2. 2 Whether reregistration of the company removes any incompetence in the appeal.

Ratio Decidendi

As the appellant company has been reregistered, any incompetence in the appeal arising from its dissolution has been removed, so the notice of motion must be dismissed.

Court Disposition

Notice of motion dismissed; costs to claimant; matter proceeds to hearing.

Orders

  • The notice of motion dated 1 October 1996 is dismissed.
  • The opponent is to pay the claimant's costs.