In the matter of Bestcare Foods Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1831

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bestcare Foods Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1831 Hearing dates: 1 December 2014 Decision date: 18 December 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Leave granted to the extent necessary for the defendants to reopen their case to rely upon further evidence. Judgment delivered on 19 November 2014 varied to the effect that the issue in respect of remuneration during the relevant period should not be subject to a review under Corporations Act 2001 (Cth) s 449E and order vacated accordingly. Leave granted to parties to approach Associate to Black J for allocation of a date for argument as to costs, if they are unable to reach agreement as to costs. Catchwords: PROCEDURE - judgments and orders - amending, varying and setting aside - application by defendants to set aside or vary judgment and leave to reopen under Uniform Civil Procedure Rules 2005 (NSW) r 36.16(3A) - where reasons for judgment delivered but orders not entered - whether misapprehension of facts established - whether leave should be granted to defendants to reopen case - whether judgment should be set aside or varied. Legislation Cited: - Corporations Act 2001 (Cth) s 449E - Uniform Civil Procedure Rules 2005 (NSW) rr 36.16, 36.16(1), 36.16(3A) Cases Cited: - Australian Securities and Investments Commission v Rich [2006] NSWSC 826; (2006) 235 ALR 587 - Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 - Collins v Mutton (No 2) [2012] NSWSC 1155 - De L v Director-General, Department of Community Services (NSW) (No 2) [1997] HCA 14; (1997) 190 CLR 207 - Grace v Thomas Street Café Pty Ltd (No 2) [2008] NSWCA 72 - Jesseron Holdings Pty Ltd v Middle East Trading Consultants Pty Ltd (No 2) (1994) 122 ALR 717; 13 ACSR 787 - Hillam v Leduva Pty Ltd (No 2) [2011] NSWSC 247 - Hughes v Hill [1937] SASR 285 - Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 - McLaughlin v Dungowan Manly Pty Ltd [2010] NSWSC 89 - New Cap Reinsurance Corporation Ltd v AE Grant [2009] NSWSC 950 - Rockcote Enterprises Ltd v FS Architects Pty Ltd (No 2) [2008] NSWCA 205 - Smith v New South Wales Bar Association (No 2) [1992] HCA 36; (1992) 176 CLR 256 - Traianedes in his capacity as Deed Administrator of Mercury Brands Group Pty Ltd (subject to deed of company arrangement) v Mercury Bands Group Pty Ltd (No 2) [2010] FCA 1140 - Urban Transport Authority (NSW) v Nweiser (1992) 28 NSWLR 471 - Vacuum Oil Co Pty Ltd v Stockdale (1942) 42 SR (NSW) 239 - Watson v Metropolitan (Perth) Passenger Transport Trust [1965] WAR 88 - Wentworth v Wentworth [1999] NSWSC 638 Category: Interlocutory applications Parties: Michael Anthony Goldring (Plaintiff/Respondent) Richard Albarran, David Ross, Robert Elliott and David Ingram (Defendants/Applicants) Representation: Counsel: G Laughton SC (Plaintiff/Respondent) A G Martin (Defendants/Applicants) Solicitors: Finn Roache (Plaintiff/Respondent) Edwards Kirby Lawyers (Defendants/Applicants) File Number(s): 2014/268364