Distinctive FX 9 Pty Limited v Statewide Developments Pty Limited

(2012) 30 ACLC 12; [2012] NSWCA 393

NSW Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Winding up
3. › Stay of proceedings against company in liquidation
4. › Whether appeal is a 'proceeding' requiring leave
5. › Whether leave required where company in liquidation was plaintiff at first instance
6. › Corporations Act 2001 (Cth), s 471B
1. Practice and Procedure
2. › Appeals
3. › Commencement of proceedings
4. › Whether appeal constitutes new proceeding
5. › Civil Procedure Act 2005 (NSW)
6. › Uniform Civil Procedure Rules 2005 (NSW), Pt 51
1. Practice and Procedure
2. › Security for costs
3. › Application for security for costs of appeal
4. › Whether court has power to deal with application where proceedings stayed under s 471B

Quick Take

An appeal (or summons for leave to appeal) against a company being wound up in insolvency constitutes a new proceeding requiring leave under s 471B of the Corporations Act 2001 (Cth). This applies even where the company in liquidation was the plaintiff at first instance. Without such leave, the Court has no power to deal with any interlocutory application in the appeal, and the proceedings will be stayed.