Techray Pty Ltd v Baker

[2000] QCA 50

[TECHRAY PTY LTD v BAKER & Ors]
  [2000] QCA 50
COURT OF APPEAL

PINCUS JA

Appeal No 1704 of 2000

TECHRAY PTY LTD  Appellant (Defendant)

and

MICHAEL VINCENT BAKER and
STEVEN JAMES JOHNSON TRADING AS
BAKER JOHNSON SOLICITORS           Respondents (Plaintiffs)

BRISBANE

..DATE 29/02/2000

JUDGMENT

PINCUS JA:  These applications are for a stay and for leave to appeal.  They are made by a company in liquidation Techray Pty Ltd and it does not appear that the liquidator of Techray who, of course, at this stage represents the company has been told about what is happening today. 

The difficulty, which I mentioned earlier, that it is necessary for anyone who purports to sue on behalf of Techray other than the liquidator to obtain the leave of the Court still exists; but I think that as the respondents and Mr Morris, who apparently promoted these applications, agree that they should be dismissed, it should be done. 

Now, Mr Morris, I am told, is in Court and he agrees to pay the costs of these two applications to be assessed on an indemnity basis and I am prepared to make that order also.

Therefore the orders will be as follows:

(1)The application to stay proceedings to wind up the appellant company which was filed on

25 February 2000 and the application for leave to appeal purporting to be filed on behalf of the appellant company on 25 February 2000 are both dismissed;

(2)Mr Theo Morris of 202 Simpsons Road, Elanora be ordered to pay the respondents' costs of and incidental to the applications I have mentioned, to be assessed on an indemnity basis.

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