In the matter of Bettaway Financial Group Pty Ltd and National Mortgage Processing Centre Pty Ltd [2014] NSWSC 328

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bettaway Financial Group Pty Ltd and National Mortgage Processing Centre Pty Ltd [2014] NSWSC 328 Hearing dates: 2 December 2013, 26 February 2014 Decision date: 25 March 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Parties to bring in, within 21 days or such longer period as may be ordered on application to my Associate, agreed Short Minutes of Order to give effect to judgment and as to costs and, if agreement is not reached between them, their respective drafts of such orders and short submissions as to any differences between them. Catchwords: PROCEDURE - application to determine questions in dispute between parties in respect of terms of settlement under Civil Procedure Act 2005 (NSW) s 73 - whether conditions of terms of settlement have been satisfied - whether obligations owed by company to third parties have been discharged - whether relevant defendants are 'third parties' - where terms of settlement contained a release clause - construction - whether release clause extinguished relevant claims to unpaid remuneration and leave entitlements - whether release clause invalidated by leave entitlement legislation - whether proper superannuation entitlements had been paid to trustee of relevant defendants - whether affairs of companies have been finalised. PROCEDURE - judgments and orders - effect of judgments - where previous interlocutory judgment addressed several issues - where no orders had been made following interlocutory judgment - whether parties can lead evidence and advance submissions in respect of matters considered in interlocutory judgment - whether this course is consistent with the facilitating of just, quick and cheap resolution of real issues in dispute. Legislation Cited: - Annual Holidays Act 1944 (NSW) s 8 - Anti-Discrimination Act 1977 (NSW) - Civil Procedure Act 2005 (NSW) s 56, 73 - Corporations Act 2001 (Cth) s 240 - Fair Work Act 2009 (Cth) ss 44, 61, 87 and 92 - Long Service Leave Act 1955 (NSW) s 7 - Uniform Civil Procedure Rules 2005 (NSW) rr 36.11, 36.16 - Workplace Relations Act 1996 (Cth) - Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Cases Cited: - Ahmed v Chowdhury [2011] NSWSC 893 - Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 - Arrowsmith v Micallef [2013] QCA 142 - Australia & New Zealand Banking Group Ltd v Karam [2005] NSWCA 344; (2005) 64 NSWLR 149 - Bass v Permanent Trustee Co Ltd [1999] HCA 9; (1999) 198 CLR 334 - Blair v Perpetual Trustee Co Ltd v Curran (1939) 62 CLR 464 - Codelfa Construction Pty Ltd v State Rail Authority (NSW) [1982] HCA 24; (1982) 149 CLR 337 - Fidelitas Shipping Co Ltd v V/O Exportchleb [1966] 1 QB 630 - Grant v John Grant & Sons Pty Ltd [1954] HCA 23; (1954) 91 CLR 112 - Karam v Australia & New Zealand Banking Group Ltd [2001] NSWSC 709 - Landsal Pty Ltd (in liq) v REI Building Society (1993) 41 FCR 421 - Lowe v Pascoe (No 3) [2011] NSWSC 192 - Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26 - Re Bettaway Financial Group Pty Limited and National Mortgage Processing Centre Pty Limited (Supreme Court (NSW), Black J, 10 October 2013, unrep) - Thomas Cook Ltd v Patheyjohn [1996] NSWIR Com 130; (1996) 66 IR 201 Category: Interlocutory applications Parties: Bettaway Financial Group Pty Ltd (First Plaintiff) National Mortgage Processing Centre Pty Ltd (Second Plaintiff) Tracy Lee Pollard (Third Plaintiff) Rocco Massaria (First Defendant) Elizabeth Massaria (Second Defendant) Your Manager Pty Ltd (Third Defendant) William Buck Wealth Advisors (NSW) Pty Ltd (Fourth Defendant) R & EM Pty Ltd (Fifth Defendant) Antonietta Splendora Carrabs (Sixth Defendant) Representation: Counsel: J T Johnson (Third Plaintiff) C Bolger (First and Second Defendants) Solicitors: MCW Lawyers (Third Plaintiff) File Number(s): 2011/280487