Lavercombe v Auscott Ltd [2006] NSWSC 867

Lavercombe v Auscott Ltd [2006] NSWSC 867

Court does not have power under s.1322(4)(b) to order expungement from ASIC records of references made pursuant to statutory requirements. Plaintiff acted properly in pursuing winding up after non-payment and is entitled to costs, as the proceedings should not have been necessary.

Parties
Plaintiff: Kenneth Lavercombe; Defendant: Auscott Limited
Jurisdiction
Australia
Judgment Date
29 August 2006
Procedural Posture
Application for Winding Up in Insolvency / Final Judgment After Dismissal by Consent
Outcome
Order refusing rectification of ASIC records. Defendant to pay plaintiff's costs of winding up proceedings.
Legal Topics
Rectification of ASIC Records, Winding Up Proceedings, Statutory Demand, Costs
Corporations Law Rectification of ASIC Records Winding Up Proceedings Statutory Demand Costs

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 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kenneth Lavercombe

Plaintiff

Auscott Limited

Defendant

Procedural Posture

Application for Winding Up in Insolvency / Final Judgment After Dismissal by Consent

Legal Issues

  1. 1 Whether the Court may order ASIC to remove references to a winding up application from its records
  2. 2 Whether the winding up application was tainted by procedural irregularities
  3. 3 Whether the Court has power to direct rectification or expungement of ASIC records in these circumstances

Ratio Decidendi

Court does not have power under s.1322(4)(b) to order expungement from ASIC records of references made pursuant to statutory requirements. Plaintiff acted properly in pursuing winding up after non-payment and is entitled to costs, as the proceedings should not have been necessary.

Court Disposition

Order refusing rectification of ASIC records. Defendant to pay plaintiff's costs of winding up proceedings.

Orders

  • Order that the claim in paragraph 2 of the defendant's interlocutory process filed on 10 August 2006 be dismissed.
  • Order that the defendant pay the plaintiff's costs of the proceedings.