In the matter of Regional Express Holdings Limited (Administrators Appointed) [2024] NSWSC 1672

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Regional Express Holdings Limited (Administrators Appointed) [2024] NSWSC 1672 Hearing dates: 18 December 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Grant leave to the Plaintiff to commence proceedings against the First Defendant. Catchwords: CORPORATIONS – Management and administration – Whether leave should be granted to continue proceedings against a company in administration – Where voluntary administrators neither consent to nor oppose grant of leave – Where proceedings are a regulatory action concerning allegations of public relevance. Legislation Cited: - Australian Securities and Investments Commission Act 2001 (Cth), s 12DA - Corporations Act 2001 (Cth), ss 180, 440D, 674, 1041H Cases Cited: - Australian Competition and Consumer Commission v ACN 135 183 372 Pty Ltd (admin apptd) [2012] FCA 586 - Australian Competition and Consumer Commission v Advanced Medical Institute Pty Ltd (admin apptd) (No 3) (admin apptd) [2011] FCA 348 - Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) (2016) 116 ACSR 353; [2016] FCA 1246 Category: Procedural rulings Parties: Australian Securities and Investments Commission (Plaintiff) Regional Express Holdings Limited (admins apptd) (First Defendant) Lim Kim Hai (Second Defendant) The Honourable John Randell Sharp AM (Third Defendant) Siddharth Dilip Khotkar (Fourth Defendant) Lincoln Lin Feng Pan (Fifth Defendant) Representation: Counsel: M Borsky KC/R Kruse (Plaintiff) D Krochmalik (First Defendant) E Holmes SC (Second Defendant) D Sulan SC/A Smith (Third Defendant) D F C Thomas SC (Fourth and Fifth Defendants)