Sihota v Pacific Sands Motel [2003] NSWSC 119

Section 471B should be construed to allow any Court as defined in s 58AA to grant leave to commence proceedings against a company in liquidation, not only the Court that made the winding up order.

Jurisdiction: Australia
Judgment Date: 03 March 2003
Procedural Posture: Corporations Winding Up / Interlocutory Application for Leave Under S 471 B
Outcome: Leave granted
Legal Topics: ['winding Up' 'jurisdiction' 'leave to Commence Proceedings Against Company in Liquidation']

['corporations Law' 'equity'] ['winding Up' 'jurisdiction' 'leave to Commence Proceedings Against Company in Liquidation']

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Procedural Posture

Corporations Winding Up / Interlocutory Application for Leave Under S 471 B

Legal Issues

1 ['Whether the Supreme Court of New South Wales can grant leave to begin proceedings against a company in liquidation when the winding up order was made by the Supreme Court of Queensland under s 471B of the Corporations Act 2001']

Ratio Decidendi

Section 471B should be construed to allow any Court as defined in s 58AA to grant leave to commence proceedings against a company in liquidation, not only the Court that made the winding up order.

Court Disposition

Leave granted

Orders

['Leave nunc pro tunc granted under s 471B of the Corporations Act 2001 for the plaintiff to begin proceedings against the first defendant.']