Patrick Hanna v New Emerald Energy Pty Ltd [2024] NSWSC 913

Supreme Court New South Wales

Medium Neutral Citation: Patrick Hanna v New Emerald Energy Pty Ltd [2024] NSWSC 913 Hearing dates: 26 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Equity - Commercial List Before: McGrath J Decision: Leave on terms granted to the plaintiffs to proceed against defendant company (see [28]) Catchwords: CORPORATIONS — voluntary administration — legal proceedings against company — application under s 440D(1) of the Corporations Act — where plaintiffs seek leave to proceed against company for summary judgment and gross sum costs — where administrators of the company neither consent to nor oppose the application — where grant of leave would occasion no prejudice to administrators — where proof of debt procedure would be more costly and less efficient — HELD — leave to proceed granted. Legislation Cited: Corporations Act 2001 (Cth), s 440D(1) Cases Cited: Rialto Sports Pty Limited v Cancer Care Associates Pty Limited; CCA Estates Pty Limited; Davjul Holdings Pty Limited; Armmam Pty Limited (No 2) [2023] NSWCA 246 Category: Principal judgment Parties: Patrick Hanna (First Plaintiff/Applicant) PH Capital Pty Ltd in its own capacity and as the trustee for the Hanna Family Trust (Second Plaintiff/ Applicant) New Emerald Energy Pty Ltd (administrators appointed) (First Defendant/Respondent) Representation: Counsel: EAJ Hyde (Plaintiffs/Applicants) No appearance (Defendants/Respondents)

Solicitors: Addisons (Plaintiffs/Applicants) No appearance (Defendants/Respondents) File Number(s): 2023/00461870 Publication restriction: Nil