Sam the Paving Man Pty Limited v Berem Constructions Pty Limited (in liquidation) [2010] NSWSC 868

New South Wales Supreme Court

CITATION : Sam the Paving Man Pty Limited v Berem Constructions Pty Limited (in liquidation) [2010] NSWSC 868

HEARING DATE(S) : 27/07/10

JUDGMENT DATE : 27 July 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 27 July 2010

1. Order that pursuant to subs 500(2) of the Corporations Act leave be given to the plaintiff nunc pro tunc to proceed against the first defendant (Berem Constructions Pty Ltd (In liquidation) ACN 003 767 799) in District Court proceedings number 4009 of 2008, including by the obtaining of judgment in those proceedings on 17 October 2008 against the first defendant. 2. Order that, except with the prior leave of the court or by way of proceedings under s 11 of the Contractors Debts Act 1997 against the second defendant, the plaintiff not attempt to execute a judgment obtained in District Court proceedings 4009 of 2008 against the assets of the first defendant. DECISION : 3. Order that costs of the present application be the plaintiff's costs in proceedings in the District Court 118/09 in the Parramatta Registry as between the plaintiff and the 2nd defendant. 4. Exhibit may be returned. 5. Order that the operation of these orders be stayed for 28 days. If, prior to the period of 28 days expiring, the second defendant decides that it will not file an appeal or seek leave to appeal, if leave is necessary from these orders, then it is expected the second defendant's solicitor or counsel, when that is known, to advise the plaintiff and the parties can send up to his Honour's chambers the consent order to discharge the stay and such orders will be made in chambers.