In the matter of MCD Holdings Pty Limited In the matter of Moylan Business Solutions Pty Limited [2013] NSWSC 1296

Supreme Court New South Wales

Medium Neutral Citation: In the matter of MCD Holdings Pty Limited In the matter of Moylan Business Solutions Pty Limited [2013] NSWSC 1296 Hearing dates: 26 March 2013 Decision date: 26 March 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made that proceedings be dismissed. Catchwords: PROCEDURE - judgments and orders - summary judgment - where no appearance for the plaintiffs - defendants seek orders under r 29.7(4) Uniform Civil Procedure Rules 2005 (NSW) for dismissal of proceedings. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 60 - Corporations Act 2001 (Cth) ss 459H, 459J - Uniform Civil Procedure Rules 2005 (NSW) r 29.7(4) Cases Cited: - Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 - NSW Trustee and Guardian as Executor of the Will of Michael Robert Walsh (Deceased) v Gregory [2012] NSWSC 681 - Vogt v Vaughan [2006] NSWSC 1003 Category: Principal judgment Parties: 2012/299377 MCD Holdings Pty Limited (Plaintiff) Moylan Investment Group Pty Limited (in liquidation) (Defendant) 2012/299391 Moylan Business Solutions Pty Limited (Plaintiff) Moylan Investment Group Pty Limited (in liquidation) (Defendant) Representation: Counsel: A.J. McInerney SC/G. O'Mahoney (Defendants) Solicitors: Wilson & Co (Defendants) File Number(s): 2012/299377 2012/299391