In Toongabbie Collision Pty Ltd (In Liquidation) (Trading as Autoworks Collision Centre) v CGU Insurance Limited  NSWSC 1409, the Supreme Court of New South Wales granted leave to the director of the liquidated company to conduct proceedings, in the name of liquidated company, against its insurer.
Toongabbie carried on a smash repair business at certain premises that were destroyed by fire. It subsequently sought indemnity pursuant to two policies of insurance that it held with CGU, yet CGU denied indemnity due to alleged non-disclosures. Toongabbie then went into liquidation and, later, commenced proceedings without the consent of its liquidator. The director of Toongabbie was also named as a second plaintiff to those proceedings, seeking damages for the intentional or negligent infliction of harm. That director filed a motion seeking leave nunc pro tunc (that is, now for then) to conduct the proceedings on behalf of Toongabbie and in its name.
In finding that (i) the proceedings did not lack foundation, (ii) the liquidator consented to the director's proposed course (subject to certain conditions) and (iii) the practical considerations supported the commencement of proceedings, the Court granted the leave as sought in the motion. Whilst it remains to be seen what course the proceedings take in the future, it is clear that the liquidation of the insured was not the end of the story. In many ways, given the retroactive nature of the nunc pro tunc order, it was only just the beginning.