(1) JD Thompson Personnel Pty Ltd V Asgard Capital Management Pty Ltd (2) Adam Shepard As Liquidator Of JD Thompson Personnel Pty Ltd [2011] NSWSC 60

Supreme Court New South Wales

Medium Neutral Citation: (1) JD Thompson Personnel Pty Ltd V Asgard Capital Management Pty Ltd (2) Adam Shepard As Liquidator Of JD Thompson Personnel Pty Ltd [2011] NSWSC 60 Hearing dates: 14 December 2010 Decision date: 22 February 2011 Before: Barrett J Decision: Short minutes to be brought in Catchwords: PROCEDURE - constitution of proceedings - sufficiency of parties - action by employer (in liquidation) to recover from superannuation trustee contributions in respect of employees where contributions allegedly made by mistake - application by defendant trustee for judicial advice as to stance it should take - application by plaintiff's liquidator for direction whether he is justified in proceeding against trustee alone - discussion of true nature of proceedings and need for affected fund members to be joined or represented Legislation Cited: Corporations Act 2001 (Cth), s 511(1)(b) and s 479(3) Trustee Act 1925, s 63 Cases Cited: Alsop Wilkinson v Neary [1996] 1 WLR 1222 Personalised Transport Services Pty Ltd v AMP Superannuation Pty Ltd [2005] NSWSC 396 Category: Procedural and other rulings Parties: (1) J D Thompson Personnel Pty Ltd - Plaintiff Asgard Capital Management Limited - Defendant (2) Adam Shepard in his capacity as liquidator of J D Thompson Personnel Pty Ltd - Plaintiff Representation: Counsel: Mr N M Bender - Plaintiff Mr B L Jones - Defendant Solicitors: Deutsch Miller - Plaintiff Sparke Helmore Lawyers - Defendant File Number(s): (1) 2010/142332 (2) 2010/244147