Tyrrell v Tyrrells Building Consultancy Pty Ltd [2008] NSWSC 416

Tyrrell v Tyrrells Building Consultancy Pty Ltd [2008] NSWSC 416

Mr Tyrrell was a person aggrieved by the deregistration because he was prevented from obtaining statutory apportionment of any liability in existing proceedings. It was just to reinstate the company to enable him to exercise those statutory rights, as the legislative intent favours apportionment notwithstanding the company's insolvency. Potential prejudice to the Owners Corporation did not outweigh the justice in reinstatement. Leave under s 471B should be granted as Mr Tyrrell established good cause; the cross-claim was for statutory apportionment and necessary for the fair resolution of liability in line with the legislative policy.

Parties
Plaintiff: Jeremy White Tyrrell; First Defendant: Tyrrells Building Consultancy Pty Ltd; Second Defendant: The Owners Strata Plan 40022
Jurisdiction
Australia
Judgment Date
07 February 2000
Procedural Posture
Corporations/reinstatement Application / Judgment on Reinstatement of Company and Leave to Make Cross Claim
Outcome
Orders made for reinstatement of registration and for leave to make a cross-claim against the company for apportionment of liability.
Legal Topics
Reinstatement of Deregistered Company, Statutory Apportionment of Liability, Leave to Proceed Against Company in Liquidation
Corporations Law Building and Construction Law Civil Procedure Reinstatement of Deregistered Company Statutory Apportionment of Liability Leave to Proceed Against Company in Liquidation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Jeremy White Tyrrell

Plaintiff

Tyrrells Building Consultancy Pty Ltd

First Defendant

The Owners Strata Plan 40022

Second Defendant

Procedural Posture

Corporations/reinstatement Application / Judgment on Reinstatement of Company and Leave to Make Cross Claim

Legal Issues

  1. 1 Whether the Court should order reinstatement of Tyrrells Building Consultancy Pty Ltd under s 601AH(2) of the Corporations Act 2001 (Cth)
  2. 2 Whether Jeremy Tyrrell is a person aggrieved by the deregistration
  3. 3 Whether it is just for the company's registration to be reinstated in the circumstances

Ratio Decidendi

Mr Tyrrell was a person aggrieved by the deregistration because he was prevented from obtaining statutory apportionment of any liability in existing proceedings. It was just to reinstate the company to enable him to exercise those statutory rights, as the legislative intent favours apportionment notwithstanding the company's insolvency. Potential prejudice to the Owners Corporation did not outweigh the justice in reinstatement. Leave under s 471B should be granted as Mr Tyrrell established good cause; the cross-claim was for statutory apportionment and necessary for the fair resolution of liability in line with the legislative policy.

Court Disposition

Orders made for reinstatement of registration and for leave to make a cross-claim against the company for apportionment of liability.

Orders

  • ASIC to reinstate Tyrrells Building Consultancy Pty Ltd under s 601AH(2) of the Corporations Act 2001 (Cth).
  • Appointment of a liquidator to the Company.