NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Northwalker Realty Pty Ltd v TFM Chatswood Land Pty Ltd [2022] NSWSC 1407 Hearing dates: 10 October 2022 Date of orders: 10 October 2022 Decision date: 27 October 2022 Jurisdiction: Equity Before: Richmond J Decision: Leave granted to the plaintiff to proceed with claims against defendant, provided plaintiff would not take any steps to enforce any judgment obtained in those proceedings without leave of the court. Catchwords: CORPORATIONS – application for leave to continue proceedings against company in administration – where administrator has not provided consent to continue proceedings but does not oppose the application – where appointment of administrator was made by the company two days prior to the commencement of the proceedings – whether leave should be granted on terms Legislation Cited: Corporations Act 2001 (Cth) ss 435A, 440D(1)(b) Civil Procedure Act 2005 (NSW) s 56 Cases Cited: Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd [2011] NSWSC 1305; 285 ALR 207 Attard v James Legal Pty Ltd [2010] NSWCA 311; 80 ACSR 585 Category: Procedural rulings Parties: Northwalker Realty Pty Ltd (Plaintiff)
TFM Chatswood (Defendant) (no appearance)
Neil McLean (Administrator) Representation: Counsel: S Golledge SC, N Riordan (Plaintiff)
S Ryan (Solicitor) (Administrator)
Solicitors: H&H Lawyers (Plaintiff)
Rigby Cooke Lawyers (Administrator) File Number(s): 2021/47071
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