Orr v LakeCoal Pty Limited [2019] NSWDC 178

Orr v LakeCoal Pty Limited [2019] NSWDC 178

Because the defendant was in a creditors' voluntary winding up, the relevant provision was s 500(2) of the Corporations Act 2001 (C'th), which applies only to actions or other civil proceedings and not to this criminal prosecution. The prosecutor therefore did not need leave to continue the prosecution.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Criminal Prosecution Under the Work Health and Safety Act 2011 / Procedural Ruling Before Undefended Hearing
Outcome
The prosecutor did not need leave to continue the prosecution; leave was granted to tender specified expert reports and affidavits as evidence-in-chief; hearing directions were made.
Legal Topics
["creditors' Voluntary Winding Up" 'leave to Continue Proceedings Against Company in Liquidation' 'tender of Expert Reports and Affidavits as Evidence in Chief' 'undefended Hearing Directions']
['criminal Law' 'corporations Law' 'work Health and Safety'] ["creditors' Voluntary Winding Up" 'leave to Continue Proceedings Against Company in Liquidation' 'tender of Expert Reports and Affidavits as Evidence in Chief' 'undefended Hearing Directions']

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Procedural Posture

Criminal Prosecution Under the Work Health and Safety Act 2011 / Procedural Ruling Before Undefended Hearing

Legal Issues

  1. 1 ["Whether the prosecutor needed leave to continue a criminal prosecution against a company in creditors' voluntary winding up under s 500(2) of the Corporations Act 2001 (C'th)." 'Whether leave should be granted under r 53.28 of the District Court Rules 1973 to tender expert reports and affidavits as evidence-in-chief at an undefended hearing.']

Ratio Decidendi

Because the defendant was in a creditors' voluntary winding up, the relevant provision was s 500(2) of the Corporations Act 2001 (C'th), which applies only to actions or other civil proceedings and not to this criminal prosecution. The prosecutor therefore did not need leave to continue the prosecution.

Court Disposition

The prosecutor did not need leave to continue the prosecution; leave was granted to tender specified expert reports and affidavits as evidence-in-chief; hearing directions were made.

Orders

  • ['I find that the prosecutor does not need leave to continue this prosecution.' 'Pursuant to r 53.28 of the District Court Rules 1973, the prosecutor is granted leave to tender the Report of Mr Jason Wagstaffe, engineer and workplace safety risk management expert, dated 3 July 2018, as evidence-in-chief.' 'Pursuant...