In the matter of Lorie Najjar & Sons Pty Limited (in liquidation) (No 2) [2013] NSWSC 1059

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Lorie Najjar & Sons Pty Limited (in liquidation) (No 2) [2013] NSWSC 1059 Hearing dates: 7-8, 12 March 2013; 30 April 2013, 16 May 2013 Decision date: 08 August 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made that the liquidation of the First Plaintiff be stayed. Specified orders made for costs. Catchwords: CORPORATIONS - winding up - where judgment has been made for winding up to be stayed under ss 482 and 511(1)(b) of the Corporations Act 2001 (Cth) - where parties differ on orders to be made to give effect to the judgment - whether the originating process should be dismissed - whether the defendant should be released from undertakings given to the court in circumstances where the proceedings have been stayed - whether orders should be made for costs in circumstances where the proceedings have been stayed - whether orders should be made limiting liquidator's right to indemnification out of the company's assets. Legislation Cited: Corporations Act 2001 (Cth) ss 482, 511(1)(b), 536, pt 5.7B Cases Cited: - Re Lorie Najjar & Sons Pty Ltd [2013] NSWSC 798 Category: Interlocutory applications Parties: Lorie Najjar & Sons Pty Limited (In Liquidation) (First Plaintiff) Peter Paul Krejci in his capacity as Liquidator of Lorie Najjar & Sons Pty Limited (Second Plaintiff) Najwa Najjar (Defendant) Representation: Counsel: G.T.W. Miller QC/T. To (Plaintiffs) M. Sahade (Defendant) D.C. Eardley (Grenstar Pty Limited, Robert Najjar, Salam Najjar) (7 and 8 March) J.D. Grew (Grenstar Pty Limited, Robert Najjar, Salam Najjar) (12 March) Solicitors: Colin Biggers & Paisley (Plaintiffs) Pateman Lawyers (Defendant) Downeys Lawyers (Grenstar Pty Limited, Robert Najjar, Salam Najjar) File Number(s): 2010/158193