Federal Court of Australia
Federal Court of Australia
NKMH Holdings Pty Ltd v Hathway [2021] FCA 1549 Appeal from: Hathway, in the matter of Stacey Apartments Pty Ltd (in liq) v Southern Cross Estate Developers Pty Ltd (deregistered) [2019] FCA 1218
File number: NSD 1391 of 2019
Judgment of: BESANKO J
Date of judgment: 13 December 2021
Legislation: Federal Court Rules 2011 (Cth) r 36.11
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 4
Date of hearing: Determined on the papers
Counsel for the Appellants: The Appellants did not appear
Counsel for the Respondents: The Respondents did not appear
ORDERS NSD 1391 of 2019
BETWEEN: NKMH HOLDINGS PTY LTD ACN 102 384 314 First Appellant
MERHIS MANAGEMENT GROUP PTY LTD (ACN 602 122 716) Second Appellant
PAYROLL MANAGEMENT PTY LTD (ACN 122 191 422) Third Appellant
AND: STEPHEN HATHWAY First Respondent
STACEY APARTMENTS PTY LTD (IN LIQUIDATION) ACN 600 480 699 Second Respondent
ARGYLE BUILDERS PTY LTD (IN LIQUIDATION) ACN 119 092 045 (FORMERLY MERHIS CONSTRUCTIONS PTY LTD) (and others named in the Schedule) Third Respondent
order made by: BESANKO J DATE OF ORDER: 13 DECEMBER 2021
THE COURT ORDERS THAT:
1. The appeal be dismissed for want of prosecution and for failure to comply with a direction of the Court under r 36.11(2)(h) and (j) of the Federal Court Rules 2011 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
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