Hughes v Robba [2021] NSWSC 1414

Supreme Court New South Wales

Medium Neutral Citation: Hughes v Robba [2021] NSWSC 1414 Hearing dates: 2 November 2021 Date of orders: 2 November 2021 Decision date: 02 November 2021 Jurisdiction: Equity Before: Parker J Decision: See [80] Catchwords: CORPORATIONS – application for leave to bring proceedings on behalf of company – Corporations Act, s 237 – equitable proprietary claim against trustees in bankruptcy – company willing to pursue claim but impecunious – applicant proposing to conduct claim in person – serious question to be tried – good faith – best interests of company – conditions that applicant provide security and proceedings be conducted by a qualified person Legislation Cited: Bankruptcy Act 1966 (Cth), s 27 Corporations Act 2001 (Cth), s 237 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021, r 9.04 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 4, 6 Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Akierman Holdings Pty Ltd v Akerman (No 3) [2021] NSWSC 869 Broadway Plaza Investments v Broadway Plaza Pty Ltd; In the matter of Combined Projects (Arncliffe) Pty Ltd [2019] NSWSC 1082 Hewett v Court (1983) 149 CLR 639 Live Board Holdings Ltd v Cody Live Pty Ltd [2017] NSWCA 302 Maher v Honeysett & Maher Electrical Contractors [2005] NSWSC 859 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 Ruddenklau v Charlesworth (1925) NZLR 161 Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315 Truthful Endeavour Pty Ltd v Condon (2015) 233 FCR 174 Category: Principal judgment Parties: Owen Maldwyn Hughes (Plaintiff) James Robba (First Defendant) Morgan Lane (Second Defendant) OM Hughes Pty Limited (Third Defendant) Representation: Appearances: O M Hughes (in person) (Plaintiff) A Crossland (Counsel) (First and Second Defendants)