In the matter of Nexus Energy Ltd (subject to deed of company arrangement) [2014] NSWSC 1689

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Nexus Energy Ltd (subject to deed of company arrangement) [2014] NSWSC 1689 Hearing dates: 25 November 2014 Decision date: 25 November 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Hearing date vacated. Catchwords: PROCEDURE - application by defendants to have hearing date vacated - relevant considerations - procedural fairness. Legislation Cited: Corporations Act 2001 (Cth) ss 444GA, 444GA(3), Pt 5.3A Category: Interlocutory applications Parties: Matthew Jason Caddy, Anthony Gregory McGrath and Jason Preston in their capacities as joint and several deed administrators of Nexus Energy Ltd (subject to a deed of company arrangement) (Plaintiffs) Wingarra Pty Ltd (First Defendant) Jersey Investments Pty Ltd as trustee for Fraser Family Trust (Second Defendant) Detata's Pty Ltd (Third Defendant) Bellevue Holdings Company Pty Ltd (Fourth Defendant) Andrew Greig (Fifth Defendant) Tess Aust Pty Ltd (Sixth Defendant) Hannon Group Pty Ltd (Seventh Defendant) Alybrit Investments Pty Ltd (Eighth Defendant) Mayburys Pty Ltd as trustee for Carmich Superannuation Fund (Ninth Defendant) Vicsom Nominees Pty Ltd (Tenth Defendant) Peter Edwards (Eleventh Defendant) VBS Investments Pty Ltd (Twelfth Defendant) Pineross No 2 Investments Pty Ltd (Thirteenth Defendant) Kippilaw Pastoral Pty Ltd (Fourteenth Defendant) Ian James (Fifteenth Defendant) Peter Evans (Sixteenth Defendant) Hendrik Snyman (Seventeenth Defendant) Representation: Counsel: E A Collins SC/P Holmes (Plaintiffs) C R Newlinds SC/J Wright (Defendants) I Jackman SC/D Sulan (Network Investment Holdings Ltd) R M Foreman (as amicus) (Australian Securities and Investments Commission) Solicitors: Clayton Utz (Plaintiffs) Piper Alderman (Defendants) Herbert Smith Freehills (Network Investment Holdings Ltd) Australian Securities and Investments Commission File Number(s): 2014/305920