In the matter of Kata-Lyn Pty Ltd [2014] NSWSC 1246

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kata-Lyn Pty Ltd [2014] NSWSC 1246 Hearing dates: 25 August 2014 Decision date: 08 September 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for dismissal of notice of motion and for plaintiff's representative to pay defendant's costs of application, as agreed or assessed. Catchwords: PROCEDURE - judgment and orders - amending, varying and setting aside - application to set aside judgment to not reinstate company under Uniform Civil Procedure Rules 2005 (NSW) rr 36.15 and 36.16 - where company would be insolvent on reinstatement - where no liquidator could be appointed to company - where no evidence of ability to pay a liquidator's costs - whether established on "sufficient cause" that judgment was given irregularly, illegally or against good faith - whether notice of motion filed within fourteen days after judgment entered - whether appropriate to set aside or vary judgment. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 56 - Corporations Act 2001 (Cth) s 601AH(2) Limitation Act 1969 (NSW) s 55 - Uniform Civil Procedure Rules 2005 (NSW) rr 36, 36.11, 36.15, 36.16 Cases Cited: - Casali v Crisp [2001] NSWSC 860; (2001) 165 FLR 79 - Chalker v Clark [2008] VSCA 92 - Payne v Wizard Industries Pty Ltd (1997) 24 ACSR 277 - Pilarinos v Australian Securities & Investments Commission [2006] VSC 301 - Re Brockweir Pty Ltd [2012] VSC 225 Texts Cited: - Ritchie's Uniform Civil Procedure NSW Category: Interlocutory applications Parties: Sara Kovarfi (Plaintiff) BMT & Associates Pty Ltd (First Defendant) Thomas Charles Plenty (Second Defendant) Representation: Counsel: T O'Brien (Respondents) Solicitors: Ms E Kovarfi (appearing for Ms S Kovarfi - Applicant) Yeldham Price O'Brien Lusk (Respondents) File Number(s): 2014/115413