In the matter of Colorado Products Pty Limited (in prov liq) [2013] NSWSC 421

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Colorado Products Pty Limited (in prov liq) [2013] NSWSC 421 Hearing dates: 5 and 6 April 2013 Decision date: 08 April 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Specified sum to be paid to the first defendant from the moneys held in court on behalf of the first defendant for the purpose of paying legal costs in these proceedings. Directions made for the hearing of several motions. Catchwords: PROCEDURE - Order sought for payment from moneys held in court on behalf of first defendant for the purpose of paying legal costs - Construction of undertaking as to dealing with assets. Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56-60 Cases Cited: - A v C (No 2) [1981] 2 All ER 126 - Clout (as trustee in bankruptcy of the estate of Dexter) v Anscor Pty Ltd [2001] FCA 174 - Masterton Homes Pty Ltd v Palm Assets Pty Ltd [2009] NSWCA 234; (2009) 261 ALR 382 - OD Transport Pty Ltd v Western Australian Government Railways Commission (1987) 13 FCR 500; (1987) 71 ALR 356 Category: Interlocutory applications Parties: HY International (Aust.) Pty Limited (First Plaintiff) Phoenix Explorer Pty Limited (Second Plaintiff) Colorado Products Pty Limited (Third Plaintiff) Clare Shu Rong Huang (First Defendant) CH Design Solutions Pty Limited (Second Defendant) Representation: Counsel: F. Assaf (Plaintiffs) D. Neggo (Defendants) Solicitors: Jackson Lalic (Plaintiffs) Macpherson & Kelley (Defendants) File Number(s): 11/214522