In the matter of Bevillesta Creditors' Trust [2013] NSWSC 162

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bevillesta Creditors' Trust [2013] NSWSC 162 Hearing dates: 22 February 2013 Decision date: 22 February 2013 Jurisdiction: Equity Division Before: Gzell J Decision: Leave to file amended summonses. Defendants' notices of motion dismissed. Catchwords: PROCEDURE - Summary Termination - proof of debt be admitted by trustees of trust for former creditors of company - abuse of process - Uniform Civil Procedure Rules 2005 Pt 13, r 13.4(1)(c), Pt 14, r 14.28(1)(c) - time limit for lodgement of proofs - no power to extend - amended summons sought order giving trustees power to extend time under the Trustee Act 1925, s 81(1) Legislation Cited: Corporations Act 2001 (Cth) Corporations Regulations 2001 (Cth) Trustee Act 1925 (NSW) Uniform Civil Procedural Rules 2005 Cases Cited: Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Domer v Gulf Oil (Great Britain) Ltd (1975) 119 Sol Jo 392 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Ku-ring-gai Municipal Council v Attorney-General (1954) 55 SR (NSW) 65 Mutual Life & Citizens' Assurance Co Ltd v Evatt (1970) 122 CLR 628 Penthouse Publications Ltd v McWilliam (Court of Appeal, 14 March 1991, unreported) Riddle v Riddle (1952) 85 CLR 202 Stein v Sybmore Holdings Pty Ltd [2006] NSWSC 1004; (2006) 64 ATR 325 Category: Interlocutory applications Parties: Clio Natural Life Pty Ltd (Plaintiff) Hobbysew Australia Pty Ltd (Plaintiff) Dawa Development & Investment Pty Ltd (Plaintiff) The Greater Union Organisation Pty Ltd (Plaintiff) Beba Enterprises Pty Ltd (Plaintiff) Pumpkin Patch Originals Limited (Plaintiff) Peter Krejci as Joint Trustee of the Bevillesta Creditors' Trust (First Defendant) Martin John Green as Joint Trustee of the Bevillesta Creditors' Trust (Second Defendant) Top Ryde Funding Pty Ltd (Third Defendant) Representation: Counsel: S Duggan (Plaintiffs) A Bulley (Defendants) Solicitors: Gilbert + Tobin (Plaintiffs) Bridges Lawyers Pty Ltd (Defendants) File Number(s): 2012/273228; 2012/273221; 2012/275292; 2012/273209; 2012/279816; 2012/275882