Burwood Council v Pan Pac Investments Pty Ltd (No 2) [2019] NSWLEC 29

Burwood Council v Pan Pac Investments Pty Ltd (No 2) [2019] NSWLEC 29

Section 471B of the Corporations Act 2001 (Cth) applies to criminal as well as civil proceedings; therefore, leave of the Supreme Court or Federal Court is required before sentencing a company in liquidation for criminal offences.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Criminal / Sentencing
Outcome
Sentencing cannot proceed without leave; leave must be obtained from the Supreme Court or Federal Court under s 471B of the Corporations Act 2001 (Cth).
Legal Topics
['corporate Liquidation' 'criminal Proceedings Against Company' 'leave to Proceed Under S 471 B Corporations Act']
['insolvency' 'criminal Procedure' 'planning and Environment'] ['corporate Liquidation' 'criminal Proceedings Against Company' 'leave to Proceed Under S 471 B Corporations Act']

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

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether leave of the Supreme Court or Federal Court is required under s 471B of the Corporations Act 2001 (Cth) to continue criminal sentencing against a company in liquidation.']

Ratio Decidendi

Section 471B of the Corporations Act 2001 (Cth) applies to criminal as well as civil proceedings; therefore, leave of the Supreme Court or Federal Court is required before sentencing a company in liquidation for criminal offences.

Court Disposition

Sentencing cannot proceed without leave; leave must be obtained from the Supreme Court or Federal Court under s 471B of the Corporations Act 2001 (Cth).

Orders

  • ['Leave must be obtained from the Supreme Court or Federal Court before sentencing can proceed in these matters.']