Hume v Goldblaze Nominees Pty Ltd as Trustee for the Goldblaze Unit Trust

[2021] WASCA 177

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Commencement of proceedings
3. › Body corporate
4. › Requirement to act by solicitor
5. › Whether court has power to dispense with requirement
6. › Rules of the Supreme Court 1971 (WA), O 4 r 3(2)
1. Corporations
2. › Winding up
3. › Powers of directors during liquidation
4. › Whether director may commence appeal on behalf of company in liquidation without approval of liquidator or court
5. › Corporations Act 2001 (Cth), s 198G(1), s 198G(3)(b)
1. Practice and Procedure
2. › Appeals
3. › Review of registrar's decision to reject documents for filing
4. › Whether registrar correctly refused to accept appeal notices

Quick Take

A body corporate cannot commence or carry on proceedings in the Supreme Court of Western Australia other than by a solicitor under O 4 r 3(2) of the Rules of the Supreme Court 1971 (WA), and the court has no power to dispense with this requirement. A director of a company in liquidation is precluded by s 198G of the Corporations Act 2001 (Cth) from exercising any function or power of the company, including commencing an appeal, without the written approval of the liquidator or the court. A shareholder seeking to challenge winding up orders should apply as a contributory under s 482 of the Corporations Act.