In the matter of Mudgee Dolomite & Lime Pty Ltd (No. 4) [2021] NSWSC 393

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mudgee Dolomite & Lime Pty Ltd (No. 4) [2021] NSWSC 393 Hearing dates: 12 April 2021 Date of orders: 19 April 2021 Decision date: 19 April 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See paragraph [69] Catchwords: CORPORATIONS – application by liquidators for orders pursuant to Insolvency Practice Schedule Liquidators (Corporations) s 90-15 – whether liquidators acting properly and justified in defending appeal ­­from judgment in favour of company in liquidation – whether liquidators acting properly and justified in not opposing a shareholder's application for leave pursuant to Corporations Act 2001 (Cth), s 237 to commence a cross-appeal in the name of and on behalf of the company – whether liquidators acting properly and justified in engaging the same solicitors and counsel to defend the appeal who successfully prosecuted the proceedings on behalf of the Company at first instance – application by liquidators for approval pursuant to Corporations Act 2001 (Cth) of costs agreement with those solicitors Legislation Cited: Application by Muhammad Elias Attia [2020] NSWSC 94 Carpenter v Pioneer Park Pty Ltd (2008) 71 NSWLR 577 Chahwan v Euphoric Pty Ltd (2008) 245 ALR 780 ET-China.com International Holdings Ltd v Cheung [2021] NSWCA 24 Frigger v Kitay (in his capacity as liquidator of Computer Accounting and Tax Pty Ltd (in liq) (2020) 143 ACSR 655 Frost and Fallon [2011] NSWSC 591 LM Investment Management Ltd (receiver apptd) in liq) v Drake [2020] QSC 265 Re Accord Pacific Land Pty Ltd [2012] NSWSC 1283 Re Hawden Property Group Pty Ltd (in liq) (2018) 125 ACSR 355 Re Kerr (as special purpose liquidator of Octavia Ltd (in liq)) (2019) 139 ACSR 192 Re Lewis (as liquidators of Concrete Supply Pty Ltd (in liq)) (2020) 145 ACSR 459 Re Mudgee Dolomite & Lime Pty Ltd [2020] NSWSC 1510 Re Octaviar Administration Pty Ltd (in liq) [2017] NSWSC Re One.Tel Ltd (2014) 99 ACSR 247 Cases Cited: Corporations Act 2001 (Cth), ss 237, 461, 477 Insolvency Practice Schedule (Corporations), s 90-15 Legal Profession Uniform Law (NSW), s 174 Supreme Court (Corporations) Rules 1999 (NSW), r 2.8 Category: Principal judgment Parties: Robert Francis Murdoch (Plaintiff) Mudgee Dolomite & Lime Pty Ltd (In liquidation) ACN 076 313 034 (First Defendant) Brian Murdoch (Second Defendant) Jennifer Nettleton and Rahul Goyal in their capacity as joint and several liquidators of Mudgee Dolomite & Lime Pty Ltd (In Liquidation) ACN 076 313 034 (Applicants) Representation: Counsel: Mr J J Hutton and Mr B Smith (Applicants) Mr V Bedrossian SC (Second Defendant)