Helm v Hansley Holdings Pty Ltd (in Liq)

Helm brought an action against Hansley Holdings Pty Ltd, a company in liquidation, and its liquidators. The dispute centres on the liquidators' refusal to proceed with the action against the company, arguing that the Western Australian Industrial Commission, where the action was filed, is not a court for the purpose of requiring leave to proceed with proceedings against a company in liquidation. Helm argued that the Industrial Commission is indeed a court under the relevant legislation and sought leave to proceed with the action. The legal issues before the court were whether the Industrial Commission is a court for the purpose of requiring leave to proceed with proceedings against a company in liquidation, and whether the refusal to grant leave was justified. The court examined the relevant legislation and concluded that the Industrial Commission is not a court for the purpose of requiring leave to proceed with such proceedings. Consequently, the court held that the Industrial Commission's refusal to grant leave to proceed was correct, and dismissed the appeal. The court found that the liquidators were not required to proceed with the action against the company in liquidation, and Helm's appeal was dismissed.