BE Australia WD Pty Ltd (subject to a Deed of Company Arrangement) v Sutton [2011] NSWCA 414

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: BE Australia WD Pty Ltd (subject to a Deed of Company Arrangement) v Sutton [2011] NSWCA 414 Hearing dates: 23 May 2011 Decision date: 20 December 2011 Before: McColl JA at [1] Campbell JA at [2] Young JA at [216] Decision: (1) Extend to 25 May 2011 the time in which to seek leave to cross-appeal. (2) Grant leave to appeal. (3) Grant leave to cross-appeal. (4) Dismiss the cross-appeal. (5) Allow the appeal. (6) Set aside the orders in the court below, and in lieu thereof order that the summons be dismissed with costs. (7) Respondent to pay costs of the Appellants of the application for leave to appeal, application for leave to cross-appeal, the appeal, and the cross-appeal. (8) Respondent to have a certificate under the Suitors Fund Act in relation to the costs in order (7) if qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORPORATIONS - voluntary administration - whether person having unadjudicated claim under s 106 Industrial Relations Act 1996 is a "creditor" bound by a Deed of Company Arrangement - whether Court has power under s 447A(1) Corporations Act 2001 (Cth) to vary operation of Pt 5.3A to allow admission of such claim