Kuperman, In the matter of an application for leave to issue or file

This matter concerned an application for leave to issue or file proceedings in the Supreme Court of Queensland by Mr Kuperman. The application was made pursuant to s 479(1) of the Corporations Act 2001 (Cth) and was brought against the liquidators of a company.

The primary legal issue before the Court was whether Mr Kuperman had established a sufficient basis to be granted leave to commence proceedings against the liquidators. This involved considering the nature of the proposed proceedings and the evidence presented in support of the application.

The Chief Justice applied the principles established in *Re Australian Elizabethan Theatre Trust* (1991) 103 ALR 297, which require an applicant seeking leave under s 479(1) to demonstrate a *prima facie* case. This means showing that there is a real prospect of success in the proposed litigation. The Court considered the evidence before it and determined that Mr Kuperman had not satisfied this threshold, as the material did not establish a sufficient basis for the claims he intended to bring.

Leave to issue or file the proceedings was therefore refused.