SMITH v AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL SHELLER JA 10 July 1995 [1995] NSWCA 439 Sheller JA. This is an application by the claimant/appellant in an appeal from a decision of Young J of 16 June 1995. The claimant seeks orders directed to preventing the opponents taking part in discharging a charge given by the third opponent to the first opponent. The claimant claims to be subrogated to the rights of the Bank to the benefit of that charge against the company. All parties joined in an application to have the hearing of the appeal expedited. It is apparent that if the charge is discharged the appeal will become futile. This is because his Honour dismissed the claimant's application to rely upon the charge; that dismissal the claimant now challenges. It is also apparent that completion of the winding up will be delayed by the continuance of the charge on foot. In the circumstances I am satisfied that the appeal is one appropriatefor expedition category "C' and on that basis I am prepared to make the other orders sought by the claimant. I make orders 1, 2, 3 and 4 in the notice of motion. Orders accordingly.