Batten v B & B Perfect Clean Pty Ltd [2001] QSC 334

State Reporting Bureau 42h \l ol-33~ ,.~"' ( ~,Queensland Government ··,,... °'' Department of Justice and Attorney-General L:b~nrOv') Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Application No 97 of 2001 ANTHONY MARK BATTEN and B & B PERFECT CLEAN PTY LTD CAIRNS .. DATE 24/08/2001 JUDGMENT Applicant Respondent -- 1 of 3 -- 24082001 Tl/JEF M/T CNSl/2001 (Jones J) HIS HONOUR: This is an application on the part of the plaintiff who, on 4 September 1988, was injured whilst an entrant at a car park owned by the Cairns City Council, which it was alleged was to be cleaned by the respondent company. Since this incident the respondent has been placed in liquidation, an event which occurred on 25 May 2001. The applicant plaintiff now wishes to commence action against the 10 respondent but requires the leave of the Court pursuant to section 471B of the Corporations Law to do so. The period of limitations is fast approaching expiry and consequently there is some urgency in having the matter determined. On the material before me I am satisfied that the respondent is covered by a policy of public liability insurance held by CGU Insurance Limited. If that policy is in the usual terms I would expect that the respondent will be indemnified by that insurer for the event of which the applicant complains. That 20 indemnity will apply whether the plaintiff is or is not in liquidation. Consequently, the giving leave pursuant to section 471B does not affect the rights of any creditors of the company in liquidation nor of any contributories or other persons interested. I propose, therefore, to make the order that the applicant have leave to proceed, notwithstanding the fact that the company is in liquidation. Mr Lade, who appears on behalf of the liquidators, has not heard from the insurers as to whether 30 they wish to take any issue about this leave being granted. 2 JUDGMENT -- 2 of 3 -- 24082001 Tl/JEF M/T CNSl/2001 (Jones J) It would be most unusual if there was any opposition coming from that quarter. Although I propose, given that the request has been made, that the matter be stood over to allow those instructions to be obtained, I should delay the coming into operation of the order which I have indicated I am prepared to make. That, however, will be for only a short period of time so that the plaintiff may have sufficient time within which to complete its inquiries and commence proceedings before the expiration of the period of limitations. I therefore make the order in terms of the draft initialled by me and placed with the papers such order to come into effect on Tuesday, 28 August 2001. Thank you. 3 JUDGMENT 10 -- 3 of 3 --