In the matter of ENA Developments Pty Ltd (in liq) [2022] NSWSC 1478

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ENA Developments Pty Ltd (in liq) [2022] NSWSC 1478 Hearing dates: 21 October 2022 Date of orders: 21 October 2022 Decision date: 21 October 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: (i) The Amended Notice of Motion filed by Mr Sebie on 26 September 2022 is dismissed, with Mr Sebie to pay the liquidator's costs of and incidental to that motion as agreed or as assessed. (ii) Leave is granted to liquidator and Court-appointed receiver to file and serve a Further Amended Interlocutory Process and related orders made. (iii) Orders made for the possession of the Homebush Property by the liquidator and Court-appointed receiver. (iv) The balance of these proceedings are transferred to the Federal Circuit and Family Court of Australia Catchwords: CIVIL PROCEDURE — Parties — Joinder — Of defendants — Where a person applies to be joined to proceedings involving a company in liquidation, largely on the basis that he occupied a property owned by the company — Where that person also applies for an order setting aside previous orders affecting the property. CIVIL PROCEDURE — Cross-vesting — Transfer to Family Court of Australia — Whether these proceedings should be transferred to the Family Court where there is an overlap of issues with proceedings in that Court. LAND LAW — Possession — Where the company's liquidator seeks an order for the possession of the property. Legislation Cited: Corporations Act 2001 (Cth), s 482 Cases Cited: - Metcash Ltd v Jardim (No 2) [2010] NSWSC 1042 Re Beechworth Land Estates Pty Ltd (In Liq) and - Griffith Estates Pty Ltd (in liq) [2018] NSWSC 1703 - Re Double Bay Property Management Pty Ltd (in liq) [2020] NSWSC 203 - Re Glenvine Pty Ltd (in liq) [2020] NSWSC 866 - Re Peak Invest Pty Ltd (admins apptd) [2021] NSWSC 1714 - Re Raejoe Pty Ltd (rec and mgr apptd) (admins apptd) as trustee for Coe Family Trust [2012] NSWSC 1457 - Re Sails Corp Pty Ltd [2021] NSWSC 1241 - Re Stansfield DIY Wealth Pty Ltd (in liq) (2014) 291 FCR 17; (2014) 103 ACSR 401; [2014] NSWSC 1484 Category: Principal judgment Parties: Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd (in liq) (Plaintiff) ENA Development Pty Ltd (in liq) (First Defendant) One T Development Pty Ltd (Second Defendant) Robert Sebie (Interested Party/Respondent) Representation: Counsel: D R Stack (Mr P Krejci (liquidator) and ENA Developments Pty Ltd) J Polese (One T Development Pty Ltd) R Sebie (self-represented)