In the matter of RCG CBD Pty Ltd (in liq) [2016] NSWSC 1489

Supreme Court New South Wales

Medium Neutral Citation: In the matter of RCG CBD Pty Ltd (in liq) [2016] NSWSC 1489 Hearing dates: 14 October 2016 Decision date: 14 October 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders pursuant to r 6.19 of the Uniform Civil Procedure Rules 2005 (NSW) that the Plaintiffs be granted leave nunc pro tunc, to the extent that any such leave is required, to bring proceedings 2016/195008 and join, as defendants, the Defendants in these proceedings. The Court orders that the Notice of Motion filed by the First, Fifth, Seventh and Tenth Defendants on 26 August 2016, and the Interlocutory Processes filed by the Second Defendant on 25 August 2016 and by the Third Defendant on 25 August 2016 be dismissed. No order made as to costs. Catchwords: PRACTICE AND PROCEDURE — Application for leave to join defendants pursuant to r 6.19 of the Uniform Civil Procedure Rules 2005 (NSW) – where plaintiffs sought leave nunc pro tunc to join defendants to proceedings while not conceding such leave was necessary – where the proceedings against each of the defendants involved common issues as to solvency of a company – whether the Court should exercise discretion to grant leave to join defendants in circumstances where there is common issue as to solvency. PROCEDURE — Costs — where plaintiffs sought orders that defendants be joined in proceedings – where plaintiffs initially indicated leave was not required to join defendants but later sought leave while not conceding such leave was required – whether costs order should be made in circumstances where any such order would require differentiation between issues. Legislation Cited: - Corporations Act 2001 (Cth), s 588FF - Uniform Civil Procedure Rules 2005 (NSW), r 6.19 Cases Cited: - Dean-Willcocks v Air Transit International Pty Ltd [2002] NSWSC 525; (2002) 55 NSWLR 64 - Lord v Agreserves Australia Ltd [2006] FCA 598 - Re ACN 107 936 827 Pty Ltd (formerly known as Eaton Group Australia Pty Ltd) (in liq) (Supreme Court of New South Wales, Black J, 21 September 2015, unreported) - Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Procedural and other rulings Parties: Mitchell Warren Ball in his capacity as the liquidator of RCG CBD Pty Ltd (in liquidation) (First Plaintiff) RCG CBD Pty Ltd (in liquidation) (Second Plaintiff) Banq Accountants and Advisors (First Defendant) Wenman Brimak Investments Pty Ltd (Second Defendant) Statewide Printing Group Pty Ltd (Third Defendant) Sivasli Pty Ltd (Fifth Defendant) Harry Patsouris (Sixth Defendant) Kito Investments Pty Ltd (Seventh Defendant) Fox & Staniland Pty Ltd (Eighth Defendant) Kazzi Investments Pty Ltd (Ninth Defendant) Coolfind Pty Ltd (Tenth Defendant) Representation: Counsel: A Narayan (Solicitor) (Plaintiff) P Afshar (First, Fifth, Seventh and Tenth Defendants) D R Stack (Second Defendant) D Barlin (Third Defendant) S Jones (Solicitor) (Sixth Defendant) B Campbell (Solicitor) (Eighth Defendant)