In the matter of CGH Engineering Pty Ltd [2014] NSWSC 1132

Supreme Court New South Wales

Medium Neutral Citation: In the matter of CGH Engineering Pty Ltd [2014] NSWSC 1132 Hearing dates: Monday, 11 August 2014 Decision date: 11 August 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: (1) The plaintiff Gary John Hird may bring proceedings in the name and on behalf of the third defendant CGH Engineering Pty Limited (administrator appointed) for the relief claimed in the draft originating process attached to the affidavit of Paul Lesley O'Sullivan sworn 2 July 2014 herein. (2) Insofar as it is required, the plaintiff have leave pursuant to Corporations Act, s 440D to bring the present proceedings against the third defendant CGH Engineering Pty Limited. (3) Insofar as it be required the plaintiff have leave pursuant to Corporations Act, s 500(2) to commence and proceed with the current proceeding against the first defendant CGH Mixers Proprietary Limited. (4) The plaintiff's costs of the present application be costs in the substantive proceedings. Catchwords: CORPORATIONS - External administration - voluntary administration - derivative action - whether statutory derivative action available - whether supervisory jurisdiction to permit contributory to sue in name of company administration Legislation Cited: (Cth) Corporations Act 2001, s 237, s 440D, s 447D, s 447E, s 500(2), s 511, s 1321 Cases Cited: Australian Capital Territory Commissioner for Revenue v Slaven [2009] FCA 744 Chahwan v Euphoric Pty Limited [2008] NSWCA 52; 65 ACSR 661 Foss v Harbottle (1843) 2 Hare 461; (1843) 67 ER 189 Griffith Vintners v Aliprandi (1991) 6 ACSR 250; (1991) 9 ACLC 1530 Category: Interlocutory applications Parties: Gary John Hird (plaintiff) CGH Mixers Pty Ltd (ACN 160 861 834) (first defendant) Colin Charles Hird (second defendant) CGH Engineering Pty Ltd (ACN 159 147 592) (third defendant) Representation: Counsel: C Ireland (plaintiff) Solicitors: O'Sullivan Saddington Lawyers (plaintiff) File Number(s): 2014/200738