Dellara Pty Limited (subject to a deed of company arrangement) (receiver appointed) v Geoffrey Philip Reidy in his capacity as deed administrator of Dellara Pty Limited [2015] NSWSC 2044

Supreme Court New South Wales

Medium Neutral Citation: Dellara Pty Limited (subject to a deed of company arrangement) (receiver appointed) v Geoffrey Philip Reidy in his capacity as deed administrator of Dellara Pty Limited [2015] NSWSC 2044 Hearing dates: 2 April 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Production of documents ordered. Catchwords: PROCEDURE – production of documents – application for order for production – by deed administrator against receiver – where deed administrator has legal right under deed of company arrangement – on application for preliminary discovery – relevance of Practice Note SC Eq 11 – relevance of position of administrator. Legislation Cited: (Cth) Corporations Act 2001, s 9, s 439A, s 445A, s445F, s 596A, s 596D (NSW) Civil Procedure Act 2005, s 68 (NSW) Uniform Civil Procedure Rules 2005, r 5.3 Cases Cited: Hatfield v TCN Channel 9 Pty Ltd [2010] NSWCA 69 Re Universal Distributing Co Ltd (in liquidation) (1933) 48 CLR 171 Texts Cited: Practice Note SC Eq 11 Category: Principal judgment Parties: Dellara Pty Limited (subject to a deed of company arrangement) (receiver appointed) ACN 131 659 339 (plaintiff) Geoffrey Philip Reidy in his capacity as deed administrator of Dellara Pty Limited (subject to a deed of company arrangement) (receiver appointed) (defendant) Representation: Counsel: C Cassimatis (plaintiff) S Golledge (defendant)