NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Timor Sea Oil & Gas Australia Pty Ltd (in liq) [2023] NSWSC 1123 Hearing dates: 12 September 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Vesting order made under s 568F of the Corporations Act 2001 (Cth) Catchwords: CIVIL PROCEDURE — Application to adjourn a vesting application — Where interested party sought an adjournment to progress a proposed deed of company arrangement — Whether adjournment would facilitate the just, quick and cheap resolution of the real issues in dispute in the proceedings. CORPORATIONS — Winding up — Conduct of liquidation — Where disclaimer of onerous property has occurred — Whether Commonwealth has interest in the property under the principle of bona vacantia — Whether vesting order should be made. Legislation Cited: - Civil Procedure Act 2005 (NSW), ss 56, 58 - Corporations Act 2001 (Cth), ss 568, 568F - Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: - David Barry Logistics Pty Ltd v Victoria (2021) 65 VR 233 - Re Energy Brix Australia Corporation Pty Ltd [2022] VSC 700 Category: Principal judgment Parties: The Commonwealth of Australia (Plaintiff) Castleton Commodities Merchant Asia Co Pte Ltd (Defendant) Representation: Counsel: N Kirby (Plaintiff)
Solicitors: Clayton Utz (Plaintiff) A Karoll (Interested Party) (self-represented) File Number(s): 2023/227455
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