Offshore and Ocean Engineering Pty Ltd v Greenwich Contractors Pty Ltd [2012] NSWCA 371

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Offshore and Ocean Engineering Pty Ltd v Greenwich Contractors Pty Ltd [2012] NSWCA 371 Hearing dates: 26 October 2012 Decision date: 26 October 2012 Before: Basten JA at [25], [29]; Campbell JA at [1], [27] Decision: Application for leave to appeal dismissed with costs. Notice of Motion dismissed with costs. [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: COMPANIES - winding up - application for leave to appeal from judge's refusal to adjourn hearing of an application to wind up company concerning which Deed of Company Arrangement proposed - criteria for granting leave to appeal - whether the interests of creditors would be better served by administration or liquidation - no error of principle below - leave to appeal refused Legislation Cited: Corporations Act 2001 (Cth) Supreme Court Act 1970 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Deputy Commissioner of Taxation v Bradley Keeling Management Pty Ltd [2003] NSWSC 47, (2003) 44 ACSR 377 Deputy Commissioner of Taxation v Polcarp Pty Limited [2011] FCA 1142 Christakos Transport Pty Ltd (in liq) v Croft [2005] NSWCA 472 Hudson v State of New South Wales [2012] NSWCA 319 In the Matter of Offshore and Ocean Engineering Pty Limited [2012] NSWSC 1296 Maviglia v Maviglia [1999] NSWCA 188 Offshore and Ocean Engineering v Greenwich Contractors [2012] NSWSC 889 Tchadovitch v Tchadovitch [2010] NSWCA 316; 79 NSWLR 491 Category: Principal judgment Parties: Offshore and Ocean Engineering Pty Ltd (receivers & managers appointed) (administrator appointed) (Applicant) Greenwich Contractors Pty Ltd (Respondent) Representation: Counsel: B Coles QC; A Martin (Applicant) MW Young SC (Respondent) Solicitors: MBP Legal (Applicant) Bransgroves Lawyers (Respondent) File Number(s): 2012/331715 Decision under appeal Citation: In the matter of Offshore and Ocean Engineering Pty Ltd [2012] NSWSC 1296 Before: Brereton J File Number(s): 2012/263230