Constantinidis & Anor v Landcorp (NSW) Pty Ltd (in liq) & Ors [2011] NSWSC 743

Supreme Court New South Wales

Medium Neutral Citation: Constantinidis & Anor v Landcorp (NSW) Pty Ltd (in liq) & Ors [2011] NSWSC 743 Hearing dates: 14 July 2011 Decision date: 19 July 2011 Jurisdiction: Equity Division Before: Black J Decision: Further Amended Statement of Claim dismissed as against Third Defendant; order that monies held in Controlled Monies Account be paid to Third Defendant; stay of orders for twenty-eight days, subject to further order. Catchwords: Effect of refusal of leave to bring proceedings against company in liquidation on basis that no serious question to be tried - monies held in Controlled Monies Account pending outcome of proceedings - stay of orders. Legislation Cited: Corporations Act 2001 (Cth) - s 471B Real Property Act 1900 (NSW) - s 42 Cases Cited: Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737 Category: Principal judgment Parties: George Constantinidis - First Plaintiff Gemma Constantinidis - Second Plaintiff Landcorp (NSW) Pty Ltd (in liq) - First Defendant Robert William Whitton & Peter Grealish - Second Defendant Donovan Oates Hannaford Mortgage Corp Ltd (R&M app) - Third Defendant Adam Shepard - Liquidator for Third Defendant Greg Hall, Ian England & Sam Marsden - Fourth Defendant Representation: Counsel: In person - Plaintiffs J.A. Darvall - Third Defendant M.J. Rosenblatt (Sol) - Liquidator of Third Defendant Solicitors: In person - Plaintiff Brett Scott - Third Defendant Somerset Ryckmans - Liquidator of Third Defendant File Number(s): 10/382398