Workers' Compensation Regulator v Industrious BMP Pty Ltd

[2017] QIRC 98

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Workers' Compensation Regulator v Industrious BMP Pty Ltd [2017] QIRC 098

PARTIES:  

Workers' Compensation Regulator
(appellant)

v

INDUSTRIOUS BMP PTY LTD
(respondent)

CASE NO:

WC/2016/202
B/2017/38 (the application to dismiss)

PROCEEDING:

Application to dismiss

DELIVERED ON:

31 October 2017

MEMBER:

The Hon. L. Kaufman, Deputy President  

ORDERS   :

1.      That appeal WC/2016/202 be struck out. 

CATCHWORDS:

WORKERS' COMPENSATION – APPLICATION TO DISMISS – where the respondent company had filed an appeal against a decision of the regulator – where the regulator held that the application for compensation was one for acceptance – where the company was subsequently deregistered – where the regulator seeks to have the appeal dismissed.

CASES:

Corporations Act 2001 s 601AD
Industrial Relations Act 2016 s 451

Banque International de Commerce de Petrograd v Goukassow [1923] 2 KB 682
Sweeney & Vandeleur Pty Ltd v BNY Australia Ltd (1993) 11 ACLC 1071

Reasons for Decision

1. On or about 18 April 2016, Mr Peter Richards lodged an application for compensation with WorkCover Queensland ('the insurer') in respect of a shoulder injury which was sustained in the course of his employment with Industrious BMP Pty Ltd

2. On 27 May 2016, the insurer decided to accept Mr Richards' application for compensation in accordance with sections 11 and 32 of the Workers Compensation and Rehabilitation Act 2003 (the Act).

3. On 8 July 2016 the respondent lodged an application for review in respect of the acceptance of Mr Richards' claim.

4. On 26 September 2016, the regulator confirmed the decision of the insurer to accept Mr Richards' claim in accordance with sections 11 and 32 of the Act.

5. On 25 October 2016 the respondent filed a Notice of Appeal against the decision of the regulator.

6. By email dated 12 July 2017, the respondent advised the regulator that Industrious BMP Pty Ltd had been deregistered.

7. The regulator attached, with the application to dismiss, a letter from the Australian Securities & Investments Commission, addressed to Mr Bill Birindwa, who I assume was a director of the respondent. It states that, Industrious BMP Pty Ltd was deregistered on 2 July 2017 in accordance with the Corporations Act 2001.

8. Once a company is deregistered it ceases to exist.[1]  Being non-existent the company cannot sue. There is no longer an entity which is the appellant.[2]  

   [1] Corporations Act 2001 s 601AD.

   [2] Sweeney & Vandeleur Pty Ltd v BNY Australia Ltd (1993) 11 ACLC 1071; Banque International de Commerce de Petrograd v Goukassow [1923] 2 KB 682, 691.

9. It follows that the appeal must be struck out.

10. I make no order as to costs.