In the matter of Kavia Holdings Pty Limited (administrators appointed) (receivers and managers appointed) (and others as set out in the attached schedule of companies) [2013] NSWSC 721

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kavia Holdings Pty Limited (administrators appointed) (receivers and managers appointed) (and others as set out in the attached schedule of companies) [2013] NSWSC 721 Hearing dates: 29 May 2013 Decision date: 29 May 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Proceedings adjourned, defendants to pay costs of the day. Catchwords: PROCEDURE - adjournment application on the basis of new facts arising out of production of documents - whether non disclosure of information amounts to 'ambush litigation' - whether adjournment facilitates the just, quick and cheap resolution of the real issues in dispute in the proceedings. Legislation Cited: Corporations Act 2001 (Cth) ss 420, 431 Civil Procedure Act 2005 (NSW) ss 56-60 Cases Cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd & Ors [2008] NSWCA 243 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd [2008] NSWCA 206; (2008) 73 NSWLR 653 Nowlan v Marson Transport Pty Ltd [2001] NSWCA 346; (2001) 53 NSWLR 116 Sydney South West Area Health Service v MD [2009] NSWCA 343; (2009) 260 ALR 702 White v Overland [2001] FCA 1313 Category: Interlocutory applications Parties: Kavia Holdings Pty Limited (administrators appointed) (receivers and managers appointed); Rocks Catering Pty Limited (administrators appointed) (receivers and managers appointed); BVH Management Pty Limited (administrators appointed) (receivers and managers appointed); Marsico Holdings Pty Limited (administrators appointed) (receivers and managers appointed); J&J O'Brien Pty Limited (administrators appointed) (receivers and managers appointed); Batent Holdings Pty Limited (administrators appointed) (receivers and managers appointed); Aldonet Pty Limited (administrators appointed) (receivers and managers appointed) (Plaintiffs) Christopher William Crawley (First Defendant) Judith Crawley (Second Defendant) Representation: Counsel: I. Pike SC/D. Sulan (Plaintiffs) D.E. Grieve QC/D.M. Coulton (Defendants) Solicitors: Clayton Utz (Plaintiffs) Bruce & Stewart Lawyers (Defendants) File Number(s): 2013/122060