In the matter of Dungowan Manly Pty Ltd (in liquidation) [2014] NSWSC 1398

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Dungowan Manly Pty Ltd (in liquidation) [2014] NSWSC 1398 Hearing dates: 18 September 2014 Decision date: 13 October 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for dismissal of interlocutory process and for applicant to pay the costs of the respondent, of and relating to the interlocutory process, as agreed or as assessed. Catchwords: PROCEDURE - transfer of proceedings - application for District Court proceedings to be transferred to and joined to existing proceedings in the Supreme Court of New South Wales - whether any basis for transfer established under Civil Procedure Act 2005 (NSW) s 140 - whether any overlap of issues between respective proceedings - whether any substantial prejudice caused to applicant. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 140 - Corporations Act 2001 (Cth) ss 479, 511 - District Court Act 1973 (NSW) s 145 - Uniform Civil Procedure Rules 2005 (NSW) rr 6.19, 6.20 Cases Cited: - Harbourside Catering Pty Ltd v TMG Developments Pty Ltd [2006] NSWSC 631 - McCormick v BP Australia Ltd [2003] NSWSC 690 - Pool & Spa Builders (Aust) Pty Ltd (subject to DOCA) [2013] NSWSC 185 - Sanderson Motors Pty Ltd v Kirby [2000] NSWSC 924 - Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1991) ATPR 41-078 Category: Interlocutory applications Parties: Adam Farnsworth and Adam Shepard (in their capacity as joint and several liquidators of Dungowan Manly Pty Ltd (First Plaintiff Dungowan Manly Pty Ltd (in liq) (Second Plaintiff) Patrick McLaughlin (First Defendant) Jennifer McLaughlin (Second Defendant) Turner Freeman Lawyers (Applicant/Third Defendant) Simon John Burchett (First Respondent) Representation: Counsel: S J Philips (Applicant/Third Defendant) M A Friedgut (First Respondent) Solicitors: P D McLaughlin (by phone - self-represented) J T McLaughlin (by phone - self-represented) Turner Freeman (Applicant/Third Defendant) Hicksons (First Respondent) File Number(s): 2013/204311