Franklin Yeezy Holdings atf Franklin Yeezy Holdings Trust v Paligaru [2022] NSWSC 933

Supreme Court New South Wales

Medium Neutral Citation: Franklin Yeezy Holdings atf Franklin Yeezy Holdings Trust v Paligaru [2022] NSWSC 933 Hearing dates: 11 July 2022 Date of orders: 11 July 2022 Decision date: 11 July 2022 Jurisdiction: Equity - Real Property List Before: Stevenson J Decision: Judgment set aside; leave to proceed against company in liquidation granted nunc pro tunc for purpose only of setting aside judgment Catchwords: PRACTICE AND PROCEDURE – application to set aside judgment entered in absence of a party – judgment creditor said to be assignee of original creditor – where evidence of purported assignee of judgment creditor showed judgment creditor not the assignee of the judgment debt CORPORATIONS – where judgment creditor in liquidation – where applicant to set aside judgment had not sought leave to proceed under s 500(2) of the Corporations Act 2001 (Cth) – whether leave should be granted nunc pro tunc Legislation Cited: Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Category: Procedural rulings Parties: Franklin Yeezy Holdings Pty Ltd ACN 619 006 272 as trustee for Franklin Yeezy Holdings Trust (Plaintiff) Ralph Ignatius Paligaru (Applicant/First Defendant) Amreeta Devi Paligaru (Second Defendant) National Australia Bank Ltd (Third Defendant) Reliance Leasing Pty Ltd (Fourth Defendant) DCP Litigation Holdings Pty Ltd (Fifth Defendant) Mark James Smith (Respondent) Representation: Counsel: A E Maroya (Applicant/First Defendant) D C Eardley (Respondent)