Hoath v Comcen Pty Ltd [2003] NSWSC 746

New South Wales Supreme Court

CITATION : Hoath v Comcen Pty Ltd [2003] NSWSC 746 HEARING DATE(S) : 04/07/03 JUDGMENT DATE : 15 August 2003

JURISDICTION: Equity Division Corporations List JUDGMENT OF : Barrett J DECISION : Parts of amended originating process struck out. Security for costs refused.

CATCHWORDS : CORPORATIONS - voluntary administration - directors' statutory duty to assist administrator - whether owed to individual creditor - administrator's duties - whether owed to individual creditors LEGISLATION CITED : Corporations Act 2001, ss.438B, 445D, 445G, 1335 Supreme Court Rules, Part 53 Brash Holdings Ltd v Katile Pty Ltd (1994) 12 ACLC 472 CASES CITED : Indaba Pty Ltd v McVeigh [2000] WASCA 332 Kirwan v Cresvale Far East Ltd (2002) 44 ACSR 21 Yandil Holdijngs Pty Ltd v Insurance Co of North America (1985) 5 ACLC 542 Mark Hoath - First Plaintiff Mortgage.Com.Au Pty Ltd - Second Plaintiff PARTIES : Comcen Pty Ltd - First Defendant Scott Darren Pascoe - Second Defendant Liam Bal - Third Defendant FILE NUMBER(S) : SC 1756/03 COUNSEL : In person - First and Second Plaintiffs Mr J.T. Johnson - First and Third Defendants SOLICITORS : In person - First and Second Plaintiffs Watson Mangioni - First and Third Defendants

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

BARRETT J

FRIDAY, 15 AUGUST 2003

1756/03 – MARK HOATH & ANOR v COMCEN PTY LIMITED & 2 ORS JUDGMENT

1 By an amended originating process filed in court on 4 July 2003 (which is substantially the same as the previously filed originating process), the plaintiffs (Mr Hoath, as first plaintiff, and Mortgage.Com.Au Pty Limited, as second plaintiff) seek