Seller v Jones [2014] NSWCA 19

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Seller v Jones [2014] NSWCA 19 Hearing dates: 24 April 2013 Decision date: 17 February 2014 Before: McColl JA at [1], Basten JA at [72], Ward JA at [97] Decision: (1) Grant leave to appeal. (2) Appellant to file the notice of appeal in the form of the draft appearing at tab 4 of the White Book within 14 days. (3) Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE - joinder of parties - where appellant sole director of holding and subsidiary company - where appellant in his capacity as director purported to cause subsidiary to declare dividend in favour of holding company - where subsidiary and holding company went into administration - where appellant removed aircraft from company premises asserting entitlement to do so on basis aircraft had been transferred to holding company as in specie payment of dividend - where administrator alleged transfer of aircraft to be invalid and disputed holding company's title to aircraft - where appellant and holding company both joined as defendants to proceedings commenced by administrator seeking return of aircraft and declaration they were subsidiary's property - whether appellant a proper party to the proceedings in circumstances where he asserted he was acting in his capacity as director of the defendant company at all relevant times