In the matter of Sebastian Builders and Developers Pty Ltd [2011] NSWSC 1077

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sebastian Builders and Developers Pty Ltd [2011] NSWSC 1077 Hearing dates: Friday, 26 August 2011 Decision date: 26 August 2011 Jurisdiction: Equity Division - Corporations List Before: White J Decision: 1. Order that the application (paras 3 and 4 of the interlocutory process) be dismissed. 2. Costs of this application will be costs in the proceedings. Catchwords: CORPORATIONS - interlocutory process - application for expedition of hearing of winding-up proceedings - where parties engaged in litigation in District Court - where plaintiffs allege that they should not be put to cost of pursuing their claim in District Court if the defendant insolvent - whether proceedings abuse of process or attempt to obtain improper collateral advantage - not an abuse of process for party to bring proceedings for the purpose of pursuing them to conclusion to obtain whatever entitlement or benefit the law provides - degree of expedition sought such that defendant would be deprived of an adequate opportunity to defend and claim - interlocutory process dismissed Legislation Cited: Corporations Act 2001 (Cth) Civil Procedure Act 2005 Cases Cited: Floruit Holdings Pty Ltd & Anor v Sebastian-Builders & Developers Pty Ltd [2009] NSWCA 303 Sebastian Builders & Developers Pty Ltd v Floruit Holdings Pty Ltd & Currency Corporation Pty Ltd [2011] NSWSC 655 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 Dowling v Colonial Mutual Life Assurance Society [1915] HCA 56; (1915) 20 CLR 509 Australian Beverage Distributors Pty Ltd v The Redrock Co Pty Ltd [2007] NSWSC 966 Category: Interlocutory applications Parties: Floruit Holdings Pty Ltd (Plaintiff) Sebastian Builders and Developers Pty Ltd (Defendant) Representation: B Katekar (Plaintiff) G McVay (Defendant) Grech Partners (Plaintiff) Mills Oakley Lawyers (Defendant) File Number(s): 2011/256502