In the matter of Metal Storm Ltd (subject to Deed of Company Arrangement) [2014] NSWSC 1458

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Metal Storm Ltd (subject to Deed of Company Arrangement) [2014] NSWSC 1458 Hearing dates: 27 - 29 May 2014, 23 July 2014 (submissions as to orders 8 September 2014) Decision date: 24 October 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Declarations made that first defendant was and is not required to comply with relevant directions. Declaration made that first defendant is entitled to vote at meetings of creditors of company in respect of debts arising from issuing of secured notes. Order made for dismissal of cross-claim. Orders made as to costs between relevant parties, and that costs of all issues relating to liens and indemnities be reserved. Catchwords: PROCEDURE - judgments and orders - disputed issues remaining before orders can be made to give effect to primary judgment in proceedings - whether proposed amendments to particular form of orders as to costs should be made. Category: Consequential orders Parties: Adam Shepard (in his capacity as deed administrator of Metal Storm Ltd) (First Plaintiff) Metal Storm Ltd (subject to a deed of company arrangement) (Second Plaintiff) ANZ Trustees Ltd (formerly ANZ Executors & Trustee Company Ltd) (First Defendant) The Australian Special Opportunity Fund, LP (Second Defendant) Representation: Counsel: V R Gray (Plaintiffs) C Scerri QC/H Austin/D Krochmalik (First Defendant) M R Hall (Second Defendant) C Brown (solicitor) (Proposed receivers) Solicitors: Somerset Ryckmans (Plaintiffs) Ashurst Australia (First Defendant) Squire Sanders (Second Defendant) O'Neill Partners (Proposed Receivers) File Number(s): 2013/377450