Combis & Staatz as joint and several liquidators of RB Hospitality Holdings Pty Ltd (In Liquidation) v Lee [2020] NSWSC 960

Supreme Court New South Wales

Medium Neutral Citation: Combis & Staatz as joint and several liquidators of RB Hospitality Holdings Pty Ltd (In Liquidation) v Lee [2020] NSWSC 960 Hearing dates: 25 June 2020 & 24 July 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. Order pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW) that the questions referred to in the defendant's notice of motion filed 10 June 2020 (subject to order 2 below) be determined separately and prior to the final hearing of the proceedings. 2. The parties to provide to the Court the agreed form of the separate questions by 31 July 2020. 3. The evidence to be relied upon at the hearing of the separate questions is limited to the Deed of Indemnity, Deed of Variation, and Mortgage. 4. The Defendant file and serve an outline of submissions by 14 August 2020. 5. The Plaintiff file and serve an outline of submissions by 4 September 2020. 6. Costs of the Defendant's motion filed 10 June 2020 be reserved. 7. Liberty to apply on the two days' written notice Catchwords: CIVIL PROCEDURE - separate determination of questions - where appropriate - where former director requested liquidators to continue trading - former director provides indemnity for losses - Deed of Indemnity - whether unpaid liquidator's professional fees and expenses and unpaid cash surplus are indemnified - whether a question of construction of the Deed - where no further evidence is required for the determination of proposed separate questions - where answers likely to provide finality by judgment or settlement – where costs savings likely - separate determination approved Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 28.2 Cases Cited: Cherry v Steele-Park (20170 96 NSWLR 548; [2017] NSWCA 295 Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd [2018] NSWSC 1284; (2018) 360 ALR 782 Texts Cited: Nil Category: Procedural and other rulings Parties: Nick Combis and Steven Staatz as joint and several liquidators of RB Hospitality Holdings Pty Ltd (In Liquidation) (Plaintiff) Richard Andrew John Lee (Defendant) Representation: Counsel: R Gall (Plaintiff) B Andrews (Defendant)