Hosking v Extend N Build Pty Ltd (No 2) [2020] NSWCA 107

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hosking v Extend N Build Pty Ltd (No 2) [2020] NSWCA 107 Hearing dates: On the papers Date of orders: 09 June 2020 Decision date: 09 June 2020 Before: Bathurst CJ; Bell P; Gleeson JA Decision: Judgment for the third appellant against the sixth respondent in the amount of $91,978.00. Catchwords: JUDGMENTS AND ORDERS – Court of Appeal – practice and procedure – constitution of court – where parties failed to provide short minutes of order to give effect to appeal judgment – where one member of original Court of Appeal bench no longer a member of the Court – whether appropriate to reconstitute new bench – appropriate form of order in relation to unfair preference – Corporations Act 2001 (Cth), 588FF(1)(a) Legislation Cited: Corporations Act 2001 (Cth), s 588 Supreme Court Act 1970 (NSW), s 45AA(1) Cases Cited: Bakarich v Commonwealth Bank of Australia (No 2) [2012] NSWCA 390 Cotogno v Lamb (1985) 3 NSWLR 221 Gordon v Tolcher (2006) 231 CLR 334; [2006] HCA 62 Re BBY Limited (receivers & managers apt) (in liq) [2019] NSWSC 1271 SJP Formwork (Aust) Pty Ltd (in liq) v Deputy Commissioner of Taxation [2000] NSWSC 604; (2000) 34 ACSR 604 Woodgate v Fawcett [2008] NSWSC 868; (2008) 67 ACSR 611 Category: Consequential orders (other than Costs) Parties: Hosking, in his capacity as joint and several liquidator of Evolvebuilt Contracting Pty Ltd (in liq) (First Appellant) Hurst, in his capacity as joint and several liquidator of Evolvebuilt Contracting Pty Ltd (in liq) (Second Appellant) Evolvebuilt Contracting Pty Ltd (in liq) (Third Appellant) Extend N Build Pty Ltd (First Respondent) Build Projects Pty Ltd (Second Respondent) Consek Pty Ltd (Third Respondent) Thehai Trinh (Fourth Respondent) Truthful Constructions Pty Ltd (Fifth Respondent) Kennico Interiors Pty Ltd (Sixth Respondent) Representation: Counsel: M Pesman SC / C Alexander (Appellants) A G Martin (First, Second, Third, Fifth, Sixth Respondents) J Cohen (Fourth Respondent)