Supreme Court: Air Force Group Insurance Society qualifies as ‘State’ under Article 12  ||  SC: Anganwadi Workers With Degrees Are Eligible For The 29% Quota For Supervisors in Kerala  ||  SC: Giving Accused the Option of Search Before a Police Officer Breaches Section 50 of the NDPS Act  ||  Gujarat HC: Person is Entitled to Compensation For Injury or Death Within Railway Station Premises  ||  Delhi HC: PMLA Can Apply Even if the Scheduled Offence Occurred Before the Law Came Into Force  ||  J&K&L HC: Accused Can Admit Evidence Recorded under Section 299 Crpc After Appearing in Court  ||  J&K&L HC: District Judge Serving as Reference Court under Land Acquisition Act Acts as a Civil Court  ||  Del HC: Subsequent Bail Pleas From Same FIR Should Usually Go Before the Judge Who Denied the First  ||  J&K&L HC: Vaishno Devi Shrine Board, Despite Statutory Status, is Not a ‘State’ under Article 12  ||  SC: Confirmation of an Auction Sale Does Not Bar Judicial Scrutiny of Reserve Price Valuation    

Jakovich vs. 3 Mood design Pty Ltd. - (25 Aug 2022)

After passing of resolution for voluntary winding up, no action or other civil proceeding is to be proceeded with or commenced against the company except by leave of the Court

Commercial

Present is an application made pursuant to Section 500(2) of the Corporations Act, 2001. The Plaintiff seeks to be granted leave nunc pro tunc to proceed with an action in the State Administrative Tribunal referred under the Building Services (Complaint Resolution and Administration) Act, 2011 (WA) (the SAT proceedings).

Section 500(2) of the Corporations Act, 2001 provides that after the passing of the resolution for voluntary winding up, no action or other civil proceeding is to be proceeded with or commenced against the company except by leave of the Court and subject to such terms as the Court imposes. Leave to proceed against the defendant for the purposes of obtaining access to documents would not affect the administration of the winding up of the company or prejudice the other creditors.

Granting leave would enable Mr. Jakovich to apply to the Tribunal for orders concerning the conduct of the proceedings including the production of documents as it sees fit under Section 32 or Section 34 of the State Administrative Tribunal Act, 2004. Leave may not be strictly necessary to obtain production of documents under a subpoena. However, rather than invite further argument as to whether that is the case and the difficulties to which Mr. Jakovich deposes in obtaining documents from the liquidator, present Court is satisfied Mr. Jakovich requires this Court's assistance to facilitate the bringing of an action against the defendant to enable him to seek orders to compel the production of documents in the SAT proceedings.

Pursuant to Section 500(2) of the Corporations Act, 2001, the Plaintiff has leave to proceed nunc pro tunc against the Defendant, 3 Moon Design Pty Ltd (in liq) in the proceedings in the State Administrative Tribunal on condition that: (a) any costs order not be sought or made against the defendant; and (b) any other monetary order is not enforced against the Defendant.

Tags : VOLUNTARY WINDING UP   PROCEEDING   LEAVE OF COURT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved