In the matter of Horses for Harmony Ltd [2021] NSWSC 1180

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Horses for Harmony Ltd [2021] NSWSC 1180 Hearing dates: 10 September 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: By consent, leave granted to bring proceedings against company in liquidation under s 471B of the Corporations Act 2001 (Cth). Leave declined to bring proceedings against court-appointed liquidator. Amended Statement of Claim in substantive proceedings struck out with leave to replead. Costs awarded against the plaintiffs on the ordinary basis. Catchwords: CORPORATIONS — Application for leave to bring proceedings against company under s 471B of the Corporations Act 2001 (Cth) and against court-appointed liquidator — Whether to exercise discretion to grant leave for proceedings against liquidator personally. Legislation Cited: - Corporations Act 2001 (Cth), s 471B Cases Cited: - Aardwolf Industries LLC v Riad Tayeh [2020] NSWSC 299 - Aardwolf Industries LLC v Tayeh [2020] NSWCA 301 - Re Siromath Pty Ltd (No 1) (1991) 9 ACLC 1580 Sheridan v Colin Biggers & Paisley [2019] NSWSC 621 Category: Principal judgment Parties: Reza Moradtabrizi (First Plaintiff) Ben Moradtabrizi (Second Plaintiff) Adonis Sarkis (Third Plaintiff) Horses for Harmony Ltd (in liq) (First Defendant) Alan Hayes as liquidator of Horses for Harmony Ltd (Second Defendant) Representation: Counsel: A Rogers (Plaintiffs) M Rose (Defendants)