Taouk v Assure (NSW) Pty Ltd [2019] NSWCA 224

Taouk v Assure (NSW) Pty Ltd [2019] NSWCA 224

Consent or leave was required because the summons in the Court of Appeal was a separate proceeding against a company in administration; neither was obtained so the summons was dismissed as incompetent.

Jurisdiction
Australia
Judgment Date
05 September 2019
Procedural Posture
Application for Leave to Appeal / Leave to Appeal (summons) to Court of Appeal
Outcome
Summons dismissed as incompetent
Legal Topics
['company Administration' 'stay of Proceedings' 'appeals Leave to Appeal' 'separate Proceedings on Appeal']
['corporations Law' 'civil Procedure'] ['company Administration' 'stay of Proceedings' 'appeals Leave to Appeal' 'separate Proceedings on Appeal']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Leave to Appeal (summons) to Court of Appeal

Legal Issues

  1. 1 ['Whether leave or consent is required under s 440D Corporations Act 2001 (Cth) to commence or continue an appeal against a company in administration' 'Whether the proceeding in the Court of Appeal is a separate proceeding requiring fresh consent or leave']

Ratio Decidendi

Consent or leave was required because the summons in the Court of Appeal was a separate proceeding against a company in administration; neither was obtained so the summons was dismissed as incompetent.

Court Disposition

Summons dismissed as incompetent

Orders

  • ['Summons dismissed as incompetent']