In the matter of Metal Storm Ltd (subject to Deed of Company Arrangement) [2014] NSWSC 615

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Metal Storm Ltd (subject to Deed of Company Arrangement) [2014] NSWSC 615 Hearing dates: 14 April 2014 Decision date: 15 April 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for the amended interlocutory process to be dismissed and that the applicant pay the costs of the application, as agreed or as assessed. Catchwords: PROCEDURE - orders sought for separate determination of issues - whether separate hearing would be in accordance with the just, quick and cheap resolution of the issues in proceedings - whether separate hearing would result in overlap of issues and witnesses - whether resolution of relevant issues would substantially narrow the field of litigious controversy. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59 - Corporations Act 2001 (Cth) s 283HA - Trustee Act 1925 (NSW) s 85 - Uniform Civil Procedure Rules 2005 (NSW) Pt 28 Cases Cited: - Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 - Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 - Integral Home Loans Pty Ltd v Interstar Wholesale Finance Pty Ltd [2006] NSWSC 1464 - Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 - Wells v Commonwealth of Australia [2014] NSWSC 148 Category: Interlocutory applications Parties: Adam Shepard (in his capacity as deed administrator of Metal Storm Ltd) (Respondent/First Plaintiff) Metal Storm Ltd (subject to a deed of company arrangement) (Respondent/Second Plaintiff) ANZ Trustees Ltd (formerly ANZ Executors & Trustee Company Ltd) (Respondent/First Defendant) The Australian Special Opportunity Fund, LP (Applicant/Second Defendant) Representation: Counsel: M Ryckmans (Solicitor - Deed Administrator) B Katekar (Respondent/First Defendant) M Hall (Applicant/Second Defendant) Solicitors: Somerset Ryckmans (Deed Administrator) Ashurst Australia (Respondent/First Defendant) Squire Sanders (Applicant/Second Defendant) File Number(s): 2013/377450