Radiant Alliance Australia Pty Ltd v Divola

[2017] NSWSC 1021

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Corporations Law
2. › voluntary liquidation
3. › where meeting called by liquidator pursuant to s 497 of Corporations Act 2001 (Cth)
4. › where defendant not provided with notice of meeting
5. › where liquidator did not intend to appear on behalf of plaintiff
6. › HELD
7. › amended summons dismissed
8. › dismissal of amended summons not a proceeding against company within meaning of s 500 of Corporations Act 2001 (Cth)
1. Costs
2. › gross sum costs order made rather than assessed costs pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW)