Distinctive FX 9 Pty Limited v Statewide Developments Pty Limited [2012] NSWCA 393

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Distinctive FX 9 Pty Limited v Statewide Developments Pty Limited [2012] NSWCA 393 Hearing dates: 26 November 2012 Decision date: 03 December 2012 Before: Beazley JA Decision: Proceedings in Distinctive FX 9 Pty Limited v Statewide Developments Pty Limited (In Liquidation) CA 2012/210989 are stayed. [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: PRACTICE & PROCEDURE - Application for security for costs - Respondent company wound up in insolvency - Whether leave of Court required to commence appeal proceedings - Appeal is a new proceeding - Leave of Court required - No application for leave to proceed made - Court has no power to deal with application for security for costs - Proceedings are stayed - Corporations Act 2001 (Cth), s 471B. Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Bevillesta Pty Ltd v D Tannous No 2 Pty Ltd [2010] NSWCA 277 BPM Pty Ltd v HPM Pty Ltd (1996) 14 ACLC 857 Humber & Co v John Griffiths Cycle Company (1901) 85 LT 141 Ingot Capital Investments Pty Ltd & Ors v Macquarie Equity Capital Markets Ltd & Ors [2007] NSWCA 338 Skinner v Jeogla Pty Ltd & Ors [2001] NSWCA 15; 37 ACSR 106 Texts Cited: Keay McPherson: The Law of Company Liquidation, 4th ed Category: Interlocutory applications Parties: Distinctive FX 9 Pty Limited (Appellant) Statewide Developments Pty Limited (In liquidation) (Respondent) Representation: Counsel: D K L Raphael (Appellant) N Cotman SC; J Hyde (Respondent) Solicitors: N/A (Appellant) Mills Oakley (Respondent) File Number(s): CA 2012/210989 Decision under appeal Jurisdiction: 9111 Citation: Statewide Developments Pty Ltd (in liquidation) (receivers and managers appointed) v Azure Property Group (Holdings) Pty Ltd [2012] NSWSC 616 Date of Decision: 2012-06-08 00:00:00 Before: Pembroke J File Number(s): 2012/42109