The Gateway at Ryde Pty Ltd v Ryde Ex-Services Memorial & Community Club Ltd [2015] NSWCA 184

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Gateway at Ryde Pty Ltd v Ryde Ex-Services Memorial & Community Club Ltd [2015] NSWCA 184 Hearing dates: 29 June 2015 Decision date: 03 July 2015 Before: Meagher JA Decision: Applicant's notice of motion, filed 21 May 2015, is dismissed with costs. Catchwords: CORPORATIONS – application for leave under s 444E(3) of the Corporations Act 2001 (Cth) to bring appeal – where applicant's only interest in outcome of appeal said to be to preserve a claim against the company for specific performance of an agreement to purchase and redevelop land – whether there is a sufficiently serious question to be tried in relation to that underlying claim to justify a grant of leave – leave refused Legislation Cited: Corporations Act 2001 (Cth), ss 444E, 1322 Registered Clubs Act 1976 (NSW), s 41J(1) Cases Cited: Chief Commissioner of State Revenue v CCM Holdings Trust Pty Ltd; Chief Commissioner of State Revenue v CCT Motorway Company Nominees Pty Ltd [2014] NSWCA 42 Commissioner of Main Roads v Highway Construction Pty Ltd [2001] WASCA 158 Meehan v Stockmans Australian Café (Holdings) Pty Ltd (1996) 22 ACSR 123 Vagrand Pty Ltd (in liq) v Fielding (1993) 41 FCR 550 Category: Procedural and other rulings Parties: The Gateway at Ryde Pty Ltd (Applicant) Ryde Ex-Services Memorial & Community Club Ltd (Administrator appointed) (First Respondent) Antony Bonvino (Second Respondent) Representation: Counsel: P Braham SC with B Lim (Applicant) C Harris SC (First Respondent)