Zamattia v Jainti Pty Ltd (in liq) in its capacity as Trustee of the Zambito Trust [2022] NSWCA 3

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zamattia v Jainti Pty Ltd (in liq) in its capacity as Trustee of the Zambito Trust [2022] NSWCA 3 Hearing dates: 31 January 2022 Decision date: 31 January 2022 Before: Leeming JA Decision: 1. Grant leave pursuant to s 500(2) of the Corporations Act 2001 (Cth) to proceed in this Court, subject to orders 2 and 3 below. 2. Direct that Mr Zamattia file and serve an application seeking leave to appeal from the orders of the primary judge within 28 days of today. 3. Direct that Mr Zamattia provide within 28 days of today security for the liquidator's costs of proceedings in this Court by paying $30,000 into court. 4. Grant leave to the parties to apply by 3 days' notice to my Associate for any further application with a view to dismissing the proceedings in this Court, in the event of non-compliance with orders 2 or 3 above. 5. Direct that the parties' costs of the notice of motion dated 16 November 2021 be each party's costs of the proceedings in this Court. 6. Stand the matter into the Registrar's list on 14 March 2022 with a view that Mr Zamattia will by that time have complied with orders 2 and 3 above and have filed and served written submissions. Catchwords: PRACTICE – leave to proceed against company in liquidation – Corporations Act 2001 (Cth), s 500 – appeal from orders obtained by company in liquidation concerning title to property – whether appeal required extension of time and leave – where new point sought to be advanced on appeal – leave granted, subject to security for costs and filing of application for leave to appeal Legislation Cited: Corporations Act 2001 (Cth), s 500(2) Supreme Court Act 1970 (NSW), s 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW), r 51.8 Cases Cited: Burrows v Macpherson & Kelley Lawyers (Sydney) Pty Ltd [2021] NSWCA 148 In the matter of Australian Managed Print Services (VIC) Pty Ltd (in liq) [2020] NSWSC 1694 Jainti Pty Ltd v Fraser Panorama Pty Ltd [2021] NSWSC 744 Jainti Pty Ltd v Fraser Panorama Pty Ltd (2) [2021] NSWSC 965 Maund v Crown in right of the State of New South Wales [2013] NSWCA 226 Re Gordon Grant and Grant Pty Ltd [1983] 2 Qd R 314 Category: Procedural rulings Parties: Anthony Zamattia (Applicant) Jainti Pty Ltd (in liq) in its capacity as Trustee of the Zambito Trust (Respondent) Representation: Counsel: Mr M Luitingh (Applicant) Mr H W Somerville (Respondent)