In the matter of Raejoe Pty Limited (receiver and manager appointed) (administrators appointed) as trustee for "The Coe Family Trust" [2012] NSWSC 1457

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Raejoe Pty Limited (receiver and manager appointed) (administrators appointed) as trustee for "The Coe Family Trust" [2012] NSWSC 1457 Hearing dates: 26 November 2012 Decision date: 27 November 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: David Raymond Coe be joined to the proceedings as a defendant. David Raymond Coe's costs of the application be his costs in the cause. Consequential orders made. Catchwords: PRACTICE AND PROCEDURE - Joinder - Application by third party for joinder to proceedings - Whether party applying for joinder to proceedings is a proper party. Legislation Cited: - Corporations Act 2001 (Cth) Pt 5.3A, ss 437C, 444B, 444B(2), 600A - Supreme Court (Corporations) Rules 1999 (NSW) r 2.13(1) - Uniform Civil Procedure Rules 2005 (NSW) rr 6.24, 6.27 Cases Cited: - John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; (2010) 241 CLR 1; 266 ALR 462 - Metcash Ltd v Jardim [2010] NSWSC 1042 - News Ltd v Australian Rugby Football League Ltd 64 FCR 410; (1996) 139 ALR 193; 21 ACSR 635 - Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 - Re Edge; Re Eco Panels Australasia Pty Ltd (in liq) [2007] FCA 30; (2007) 61 ACSR 139 - Re Sydney Ringtread Tyres Pty Ltd (admin apptd) [2001] NSWSC 424; (2001) 38 ACSR 221 Texts Cited: - Austin and Black's Annotations to the Corporations Act Category: Interlocutory applications Parties: Allco Managed Investments Limited (receivers and managers appointed) (in liquidation) (Plaintiff) Raejoe Pty Limited (receiver and manager appointed) (administrators appointed) as trustee for The Coe Family Trust (First Defendant) Peter Paul Krejci and Walter Paul Burges as administrators of Raejoe Pty Limited (receiver and manager appointed) (administrators appointed) as trustee for The Coe Family Trust (Second Defendants) Representation: Counsel: K. Dawson (Plaintiff) D. Barlow (sol.) (Second Defendants) M. Condon SC (Mr David Coe- Intervening Party) Solicitors: Corrs Chambers Westgarth (Plaintiff) Colin Biggers & Paisley (Second Defendants) Dibbs Barker (Mr David Coe - Intervening Party) File Number(s): 12/358032