Lunn v Cardiff Coal Co (No 2) [2003] NSWSC 25

Lunn v Cardiff Coal Co (No 2) [2003] NSWSC 25

The application to set aside the judgment was dismissed because the alleged error was not made out. The Cardiff Coal Company had ceased to be merely an unincorporated joint stock company when the Cardiff Coal Company's Incorporation Act of 1863 made its proprietors a body politic and corporate with perpetual succession. A body corporate created by statute can be wound up or dissolved only where statute authorises that result, and no statute presently in force creates jurisdiction to make a winding up or dissolution order in relation to the Cardiff Coal Company.

Jurisdiction
Australia
Judgment Date
10 February 2003
Procedural Posture
Notice of Motion to Set Aside Judgment Dismissing Application for Winding Up / Application to Re Open After Judgment Under Part 40 Rule 9(1) of the Supreme Court Rules
Outcome
Application to set aside judgment dismissed.
Legal Topics
['re Opening After Judgment' 'obvious Error of Law' 'inherent Jurisdiction' 'winding Up or Dissolution of Statutory Corporation']
['civil Procedure' 'corporations' 'equity'] ['re Opening After Judgment' 'obvious Error of Law' 'inherent Jurisdiction' 'winding Up or Dissolution of Statutory Corporation']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Judgment Dismissing Application for Winding Up / Application to Re Open After Judgment Under Part 40 Rule 9(1) of the Supreme Court Rules

Legal Issues

  1. 1 ['Whether the judgment of 20 December 2002 was affected by an error of law too clear for argument so as to warrant re-opening after judgment.' "Whether the Supreme Court's inherent jurisdiction enables it to make an order for the dissolution or winding up of a body corporate created by Act of Parliament where no current statute authorises such an order."]

Ratio Decidendi

The application to set aside the judgment was dismissed because the alleged error was not made out. The Cardiff Coal Company had ceased to be merely an unincorporated joint stock company when the Cardiff Coal Company's Incorporation Act of 1863 made its proprietors a body politic and corporate with perpetual succession. A body corporate created by statute can be wound up or dissolved only where statute authorises that result, and no statute presently in force creates jurisdiction to make a winding up or dissolution order in relation to the Cardiff Coal Company.

Court Disposition

Application to set aside judgment dismissed.

Orders

  • ["The plaintiff's notice of motion filed on 4 February 2003 is dismissed."]