In the District Court of Queensland case Sinclair v Archerfield Kart Hire Pty Ltd [2024] QDC 183, the plaintiff, Kathleen Sinclair, sought to join an insurer, Tokio Marine Kiln Group Limited, to her proceedings. The defendant company, Archerfield Kart Hire, had been deregistered in 2019, which complicated the case. Although deregistration usually results in the abatement of proceedings, the plaintiff argued that section 601AG of the Corporations Act 2001 allows for claims against an insurer of a deregistered company without the need for re-registration. Despite this, the court dismissed Sinclair's application to join Tokio, reasoning that her request overstepped the court's residual powers. Consequently, the court ordered Sinclair to pay the costs of both Sterling Insurance Pty Ltd and Tokio Marine Kiln Group Limited.
Full text: https://www.sclqld.org.au/caselaw/150281