Deputy Commissioner of Taxation v Peter Sleiman Investments Pty Ltd as trustee for the Sleiman Family Trust [2016] NSWSC 1744

Supreme Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Peter Sleiman Investments Pty Ltd as trustee for the Sleiman Family Trust [2016] NSWSC 1744 Hearing dates: 1 December 2016 Decision date: 01 December 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders, on the undertaking of Peter Sleiman Investments Pty Ltd that it will not incur any liabilities until 5pm on 15 December 2016 without further leave of the Court: stay orders 1–4 in the Judgment delivered on 24 November 2016 to 4pm 15 December 2016; the Amended Notice of Motion filed by leave today otherwise be dismissed; and costs be reserved. Catchwords: PRACTICE AND PROCEDURE — Joinder — Application by third parties for joinder to proceedings — where application for joinder was made after conclusion of hearing and delivery of judgment – whether application for joinder ought to be granted. PROCEDURE — Judgments and orders — Application for stay of orders winding up company pending proposed appeal – whether interests of justice favour the grant of a stay – whether there are reasonable grounds for an appeal against the Court's refusal to defer making winding up orders – whether application for stay ought to be granted. Legislation Cited: - Civil Procedure Act 2005 (NSW), ss 56, 57, 58 - Conveyancing Act 1919 (NSW), s 37A - Corporations Act 2001 (Cth), s 459A - Supreme Court Act 1970 (NSW), s 63 - Trustee Act 1925 (NSW), s 70 - Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 6.27 Cases Cited: - Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd [2008] FCA 1867 - Forster v Jododex Aust Pty Ltd [1972] HCA 61; (1972) 127 CLR 421 - House v The King (1936) 55 CLR 499 - New South Wales Bar Association v Stevens [2003] NSWCA 95 - TS Recoveries Pty Ltd v Sea-Slip Marinas (Aust) Pty Ltd [2007] NSWSC 1410 - Yoo v Toppro Pty Ltd [2016] NSWSC 734 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Plaintiff) Peter Sleiman Investments Pty Ltd as trustee for the Sleiman Family Trust (Defendant) Representation: Counsel: N Cotman SC (Plaintiff) J C Kelly SC/S Hartford Davis (Defendant)