In the matter of Hi-Fi Sydney Pty Ltd (Administrator Appointed) [2015] NSWSC 1297

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hi-Fi Sydney Pty Ltd (Administrator Appointed) [2015] NSWSC 1297 Hearing dates: 22 June 2015 Date of orders: 23 June 2015 Decision date: 23 June 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Leave to amend interlocutory process declined. Catchwords: PROCEDURE – interlocutory process in nature of cross-claim – application to amend interlocutory process – where arguable case sought to be put on amended interlocutory process – whether prejudice occasioned to plaintiff of permitting amendment – absence of prejudice to defendant of not permitting amendment – held, leave to amend interlocutory process declined. Legislation Cited: (CTH) Corporations Act 2001, s 436C, s 440B, s 440D, s 444F(4) (NSW) Conveyancing Act 1919, s 129(1), Sch 6 Category: Procedural and other rulings Parties: Carsingha Investments Pty Limited (ACN 169 790 523) (plaintiff) Hi-Fi Sydney Pty Ltd (administrator appointed) (ACN 136 479 895) (first defendant) Simon Patrick Nelson (second defendant) Karamika Pty Ltd (ACN 006 636 997) (third defendant) Representation: Counsel: D Sulan w R May (plaintiff/respondent) G Sirtes SC w J Shepard (first and second defendants/applicants)

Solicitors: Arnold Bloch Leibler (plaintiff/respondent) Mills Oakley Lawyers (first and second defendants/applicants) Mills Oakley Lawyers (third defendant) File Number(s): 2015/159028