Commonwealth Bank of Australia v ACN 076 848 112 Pty Limited [2015] NSWSC 666

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v ACN 076 848 112 Pty Limited [2015] NSWSC 666 Hearing dates: 22 May 2015 Decision date: 01 June 2015 Before: Ball J Decision: 1. The balance of the plaintiff's amended notice of motion filed on 19 May 2015 be dismissed. 2. The notice to produce and subpoena filed by the plaintiff on 21 April 2015 be set aside. 3. The plaintiff pay the first defendant's costs of the amended notice of motion. Catchwords: CORPORATIONS – voluntary administration – deeds of company arrangement – Corporations Act 2001 (Cth) s 444E – leave sought by creditor to bring proceedings against company subject to deed of company arrangement – creditor seeking production of insurance policies – whether production of policies justified by case management principles – whether production of the policies in the interests of justice Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Fair Trading Act 1989 (Qld) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Rules of the Supreme Court of Queensland Trade Practices Act 1974 (Cth) (now the Competition and Consumer Act 2010 (Cth)) Uniform Civil Procedure Rules 1999 (Qld) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Beneficial Finance Corporation Limited v Price Waterhouse (1996) 68 SASR 19 Company Solutions (Aust) Pty Ltd v Keppel Cairncross Shipyard Limited (In Liq) [2004] QSC 379 Glaister v Banwell Pty Ltd (Subject to a Deed of Company Arrangement) [2003] WASC 101 Kirby v Centro Properties Limited (ACN 078 590 682) [2009] FCA 695 Lampson (Australia) Pty Limited v Ahden Engineering (Aust) Pty Limited [1999] 2 Qd R 252 Lehman Brothers Australia Ltd v Wingecarribee Shire Council [2009] FCAFC 63 Lopez v Star World Enterprises Pty Ltd (unreported, 18 April 1997, BCA 9702215) Re A J Benjamin Ltd (in liq) [1969] 2 NSWLR 374 Re Gordon Grant and Grant Pty Ltd (1982) 1 ACLC 196 Treadstone Developments Pty Ltd Wever Family Trust v The Salisbury Group Pty Ltd [2014] QSC 109 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia ACN 123 123 124 (Plaintiff) ACN 076 848 112 Pty Limited (formerly known as Colliers International Consultancy & Valuation Pty Limited) (First Defendant) Andrew Willsford (Second Defendant) Representation: Counsel: P Dowdy (Plaintiff) D L Williams SC | D Weinberger (First Defendant)