Mircon Pty Limited v Ariff [2009] NSWSC 651

New South Wales Supreme Court

CITATION : Mircon Pty Limited v Ariff [2009] NSWSC 651

HEARING DATE(S) : 9 July 2009

JUDGMENT DATE : 10 July 2009

JURISDICTION : Equity

JUDGMENT OF : Tamberlin AJ

(1) Leave is granted for the plaintiff to commence and continue the proceedings in the Corporations List pursuant to Rule 1.8 of the Supreme Court (Corporations) Rules 1999 (NSW). DECISION : (2) That the defendant pay the plaintiff the sum of $115,236.53 pursuant to s 447A(1) of the Corporations Act 2001 (Cth) together with interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW). (3) The hearing of the cross-claim is adjourned to 27 July 2009 at 9.30 am before me and I direct that not later than 22 July notice of the adjournment be served on Mr Ariff by fax advising him that the cross-claim may be dismissed if there is no attendance by him or on his behalf at that time. I also direct that a copy of these orders be sent to the last know address of the three cross-defendants. (4) The defendant pay the plaintiff's costs including reserved costs.

CATCHWORDS : ADMINISTRATOR - Voluntary administration - Whether voluntary administrator incurred debts for services rendered within s 443A of the Corporations Act 2001 (Cth) - Whether court should make an order pursuant to s 447A(1) - Whether administrator's cross-claim should be adjourned pursuant to Rule 13.6 of the Uniform Civil Procedure Rules 2005 (NSW)

Civil Liability Act 2002 (NSW) LEGISLATION CITED : Corporations Act 2001 (Cth) Supreme Court (Corporations) Rules 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY : Procedural and other rulings