Gestion Pty Limited v Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182 [2015] NSWCA 198

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gestion Pty Limited v Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182 [2015] NSWCA 198 Hearing dates: 6 July 2015 Decision date: 06 July 2015 Before: Meagher JA Decision: 1. Grant leave to the applicant/appellant to begin and proceed with the appeal. 2. Make no order as to the costs of this application. Catchwords: APPEAL – application for leave to appeal under s 500(2) of the Corporations Act 2001 (Cth) – where application not opposed and security for costs provided – leave granted – no question of principle Legislation Cited: Corporations Act 2001 (Cth) Category: Procedural and other rulings Parties: Gestion Pty Limited (Applicant/Appellant) Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182 (First Respondent) Stephen Longley, Marcus Ayres and Nicholas Martin in their capacity as former joint and several administrators and in their capacities as joint and several liquidators of Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182 (Second Respondent) Representation: Counsel: Mr A F Fernon (Applicant/Appellant) No appearance for the Respondents

Solicitors: Yates Beaggi (Applicant/Appellant) Norton Rose Fulbright (First and Second Respondents) File Number(s): 2014/343552

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]