In the matter of Mustang Marine Australia Services Pty Ltd [2014] NSWSC 1074

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mustang Marine Australia Services Pty Ltd [2014] NSWSC 1074 Hearing dates: 6 March 2014 Decision date: 12 August 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Interlocutory process for stay and separate question dismissed with costs Catchwords: PROCEDURE - Abuse of process - institution of proceedings - whether proceedings are abuse of process where plaintiff has not conducted preliminary assessment to satisfy itself that the material facts exist - held, no such requirement CORPORATIONS - Winding up - liquidators - proceedings by liquidators - insolvent trading - whether proceedings are abuse of process where liquidator has not adjudicated proofs of debt Legislation Cited: (CTH) Corporations Act 2001, s 588G, s 588M, s 588Y (NSW) Legal Profession Act 2004, s 345, s 347 Cases Cited: Allstate Life Insurance Co v Australian and New Zealand Banking Group Ltd (1995) 57 FCR 360 Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 227 ALR 425 Hall v Poolman [2009] NSWCA 64; 75 NSWLR 99 In the matter of Mustang Marine Australia Services Pty Ltd (Admin Apptd); Perpetual Trustee Co Ltd v Mustang Marine Australia Services Pty Ltd [2010] NSWSC 1429 Williams v Scholz [2007] QSC 266 Category: Interlocutory applications Parties: Mitchell Ball in his capacity as Official Liquidator of Mustang Marine Australia Services Pty ltd (in liquidation) ACN 129 124 223 (first plaintiff) Mustang Marine Australia Services Pty Ltd (in liquidation) ACN 129 124 223 (second plaintiff) Standard Bank Asia Ltd (first defendant) Russell Watkins (second defendant) Martin Sheridan Lodge (third defendant) Philip Armstrong (fourth defendant) Christopher Heaton (fifth defendant) Standard Bank PLC (sixth defendant) Representation: Counsel: G Lucarelli (applicants/first and sixth defendants) D L Cook (respondent/plaintiff) Solicitors: Minter Ellison (applicants/first and sixth defendants) Paul Bard Lawyers (respondent/plaintiff) File Number(s): 2012/228731