Mayo v W & K Holdings (NSW) Pty Limited [2014] NSWCA 120

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mayo v W & K Holdings (NSW) Pty Limited [2014] NSWCA 120 Hearing dates: 7 April 2014 Decision date: 07 April 2014 Before: Barrett JA Decision: 1. Pursuant to s 471B of the Corporations Act 2001 (Cth) the appellant have leave to proceed with this appeal against the first respondent. 2. Costs of this motion to be costs in the cause. [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: APPEAL - respondent in liquidation - leave to proceed required - grant of leave not opposed by liquidator - proof of debt not a realistic possibility in the circumstances - leave granted Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Distinctive FX 9 Pty Ltd v Statewide Developments Pty Ltd [2012] NSWCA 393 Vagrand Pty Ltd v Fielding (1993) 41 FCR 550 Category: Interlocutory applications Parties: Lauren Margaret Mayo (Appellant) W & K Holdings Pty Limited (First Respondent) William Arthur Leonard (Second Respondent) Representation: Counsel: H W D Stowe (Appellant) Solicitors: File Number(s): 2013/332269 Decision under appeal Citation: [2013] NSWSC 1063 Date of Decision: 2013-08-09 00:00:00 Before: Sackar J File Number(s): 2009/289575