Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times as Sparke Helmore [2021] NSWSC 894

Supreme Court New South Wales

Medium Neutral Citation: Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times as Sparke Helmore [2021] NSWSC 894 Hearing dates: 19 July 2021 Decision date: 19 July 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order a stay of these proceedings. Such stay is to operate until 5pm on Tuesday, 3 August 2021. (2) Stand the matter over for further consideration of whether the proceedings should be dismissed or permanently stayed to 9.15am on Tuesday, 3 August 2021. (3) Reserve the costs of today. (4) Grant liberty to the parties to apply to restore the matter on 3 days' notice. Catchwords: CIVIL PROCEDURE — Hearings — Adjournment to permit an application to be made in the Corporations List in the Equity Division pursuant to s 601AH of the Corporations Act 2001 (Cth) — Proceedings as presently constituted are an abuse of process — To grant a stay of proceedings would protect the plaintiff's right to make the application before the Equity Division with a view to reconstituting proceedings properly — Stay of proceedings ordered Legislation Cited: Bankruptcy Act 1966 (Cth), s 60 Corporations Act 2001 (Cth), ss 201H, 601AD, 601AH Cases Cited: Doulaveras v Daher [2009] NSWCA 58; (2009) 253 ALR 627 Category: Procedural rulings Parties: Shoal Bay Beach Constructions No. 1 Pty Ltd (Plaintiff) Mark Hickey and the persons listed in Schedule A to this Statement of Claim t/as at all material times as Sparke Helmore (Defendant) Representation: Counsel: D Weinberger (Plaintiff) A Zahra SC / J Burnett (Defendant)