In the matter of Cross City Motorway Nominees No 2 Pty Ltd; Andrew John Davis v Cross City Motorway Nominees No 2 Pty Limited & Ors [2013] NSWSC 1994

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Cross City Motorway Nominees No 2 Pty Ltd; Andrew John Davis v Cross City Motorway Nominees No 2 Pty Limited & Ors [2013] NSWSC 1994 Hearing dates: 19 November 2013 Decision date: 19 November 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Leave granted to plaintiff to begin proceedings against defendants but not to proceed further against the companies without the further leave of the court first had and obtained. Proceedings adjourned further hearing. Catchwords: CORPORATIONS - application for leave pursuant to (Cth) Corporations Act 2001 s 444E(3) to commence or continue proceedings against first and second defendants, being companies each the subject of a deed of company arrangement - proposed proceedings are a claim for damages for personal injuries suffered by the plaintiff, said to have been attributable to the negligence of twelve defendants including the two defendants in these proceedings - whether the plaintiff's claim has a solid foundation and gives rise to a seriously arguable case - whether the defendants are insured against the liability the subject of the proceedings - appropriate course at present stage to preserve plaintiff's rights by granting leave to commence the proceedings but limiting that leave to commencing and serving the proceedings and taking no further steps without the further leave of the court. Legislation Cited: (Cth) Corporations Act 2001 s 440D, s 444E Cases Cited: Attard v James Legal Pty Limited [2010] NSWCA 311 Foxcroft v Ink Group Pty Limited (1994) 12 ACLC 1063 Hopkins v AECOM Australia Pty Limited [2012] FCA 1204 J F Kier Pty Ltd v Priority Management Systems Pty Limited [2007] NSWSC 748 Vagrand Pty Limited v Fielding (1993) 41 FCR 550 Category: Principal judgment Parties: Andrew John Davis (plaintiff) Cross City Motorway Nominees No 2 Pty Ltd (first defendant) Cross City Motorway Pty Ltd (second defendant) Representation: Counsel: N Smith (plaintiff) M Clifton (solicitor) (defendants) Solicitors: Martin & Holmes Legal (plaintiff) Herbert Smith Freehills (defendants) File Number(s): 2013/347565