In the matter of K. & A. Laird (N.S.W.) Pty Ltd (in liq) — K. & A. Laird (N.S.W.) Pty Ltd (in liq) v Aidzan Pty Ltd (in liq) [2022] NSWSC 510

Supreme Court New South Wales

Medium Neutral Citation: In the matter of K. & A. Laird (N.S.W.) Pty Ltd (in liq) — K. & A. Laird (N.S.W.) Pty Ltd (in liq) v Aidzan Pty Ltd (in liq) [2022] NSWSC 510 Hearing dates: 28 April 2022 Date of orders: 28 April 2022 Decision date: 29 April 2022 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See paragraph [52] Catchwords: INJUNCTIONS — application for orders under UCPR r 25.3(3) preserving the fund that is the subject of these proceedings — where fund is being depleted by payment of a defendant's legal costs of these proceedings and other payments — order made preserving fund — no question of principle Legislation Cited: Corporations Act 2001 (Cth), ss 471B, 482 Supreme Court Act 1970 (NSW) s 66 Uniform Civil Procedure Rules 2005 (NSW), r 25.3(3) Cases Cited: Australian Receivables Ltd v Tekitu Pty Ltd [2008] NSWSC 433 Australian Spirit Management Pty Ltd v Badman v Drake [2008] NSWSC 968 Commissioner of Taxation [2011] NSWSC 1626 In the matter of Aidzan Pty Ltd (in liq) [2020] FCA 1764 In the matter of Aidzan Pty Ltd (in liq) (No. 2) [2020] FCA 1780 In the matter of Duomatic Ltd [1969] 2 Ch 365 Re Courtenay House Capital Trading Group Pty Ltd (in liq) [2018] NSWSC 1918 Category: Principal judgment Parties: K. & A. Laird (N.S.W.) Pty Ltd (in liq) (Applicant) Aidzan Pty Ltd (in liq) in its own capacity and in its capacity as trustee of the Peter Laird Trust, the Peter Alan Laird Property Trust (known as the PAL Property Trust) trading as the Aidzan Superannuation Fund (First Defendant) Nazdia Pty Ltd in its capacity as trustee of the Aidzan Superannuation Fund (Second Defendant) Peter Alan Laird (Third Defendant) Alan Godfrey Topp and Bruce Gleeson in their capacities as liquidators of Aidzan Pty Ltd (in liq) (Respondents) Representation: Counsel: Mr M Oakes SC with Mr J Tobin (Applicant) Mr R Marshall SC with Mr K Lord (First to Third Defendants and Respondents)