Rosecell Pty Ltd v Antqip Pty Ltd [2015] NSWSC 1803

Supreme Court New South Wales

Medium Neutral Citation: Rosecell Pty Ltd v Antqip Pty Ltd [2015] NSWSC 1803 Hearing dates: 12 November 2015 Date of orders: 12 November 2015 Decision date: 12 November 2015 Jurisdiction: Equity Before: White J Decision: 1. The first plaintiff is granted leave to proceed against the thirteenth defendant pursuant to s 444E(3) of the Corporations Act 2001 (Cth).

2. Order that the costs of the application be the plaintiff's costs in the proceedings. Catchwords: CORPORATIONS – insolvency – application for leave to proceed against a company subject to a deed of company arrangement – where plaintiff seeks damages and delivery up of goods – where issues in the substantive claim are reasonably complex – where there is a doubt as to whether the deed administrators have power to deliver up the goods – no sufficient evidence of prejudice to creditors by reason of delay in bringing the application – application allowed Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: Rosecell Pty Ltd v JP Haines Plumbing Pty Ltd [2015] NSWSC 1238 Henaford Pty Ltd v Strathfield Group Ltd [2009] NSWSC 539; (2009) 72 ACSR 240 Meehan v Stockmans Australian Cafe (Holdings) Pty Ltd (1996) 22 ACSR 123 Re Gordon Grant and Grant Pty Ltd [1983] 2 Qd R 314 Vagrand Pty Ltd (in liq) v Fielding (1993) 41 FCR 550 McKeown v Cavalier Yachts Pty Limited (1988) 13 NSWLR 303 Category: Procedural and other rulings Parties: Rosecell Pty Ltd (Plaintiff) Antqip Pty Ltd (13th Defendant) Representation: Counsel: D A Allen (Plaintiff) P Afshar (13th Defendant)