SPEERS V DE VRIES & ORS [1999] NSWSC 7

New South Wales Supreme Court CITATION : SPEERS V DE VRIES & ORS [1999] NSWSC 7 CURRENT JURISDICTION : FILE NUMBER(S) : 5180/98 HEARING DATE(S) : 13 January 1999 JUDGMENT DATE : 13 January 1999

PARTIES : SPEERS DE VRIES & ORS JUDGMENT OF : Windeyer J at 1

COUNSEL : Mr. V.R.W. Gray (1st Defendant) SOLICITORS : Mr. McConnell of McConnell Jaffray (Plaintiff) Mr. S. Hedge of Kemp Strang (2nd, 3rd & 4th Defendants) CATCHWORDS : DECISION : Order restraining first defendant as voluntary administrator dealing with property and cash deposit of Feluga Pty. Limited

JUDGMENT 1. HIS HONOUR: This is an application for a continuation of an ex parte injunction granted by Levine J on 30 December 1998. As was explained and accepted earlier, the injunction was expressed to be until further order but it was accepted that the plaintiff should bear the responsibility of establishing today an entitlement for continuance of that injunction. It should further be noted that although no undertaking as to damages was given and, as I understand, no undertaking was given or offered as to damages on 30 December 1998, the undertaking as to damages is now offered and will be given if an injunction is ordered. I should say that the Court of Appeal has recently said that it is the responsibility of legal practitioners obtaining ex parte orders to offer the undertaking as to damages and not to leave it to the Judge in a busy and difficult time of the year to remember to ask for it.

2. The substantive claim of the plaintiff under the summons is for orders that the decision of the first defendant/administrator as to the identity of the creditors of the company and the amounts of the debts for which those creditors are entitled to prove was incorrect and should be set aside pursuant to regulation 5.6.26 of the regulations made under the Corporations Law.