Land and Enviro Corp v HHT Huntley Heritage Pty Ltd [2016] NSWCA 376

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Land and Enviro Corp v HHT Huntley Heritage Pty Ltd [2016] NSWCA 376 Hearing dates: On the papers Decision date: 21 December 2016 Before: Meagher JA Decision: 1. The applicant, Mr Mateljan as purported controller of LEC, to file and serve written submissions in support of the relief sought in paras 1, 2 and 4 of his notice of motion filed 23 August 2016. Those submissions are to be filed and served by 24 January 2017 and should address, in addition to any other matters considered relevant to the claim to that relief, the following –

(a) the source of the applicant's authority to conduct and maintain the appeal proceedings in the name of and on behalf of LEC;

(b) the basis on which it is said that the applicant has taken possession of the choses in action and any other rights which are the subject of or relied upon in LEC's appeal;

(c) having regard to the provisions of UCPR r 7.1, the basis on which it is said that LEC may carry on the appeal proceedings other than by a solicitor;

(d) the reasons why Mr Zdrilic should be permitted to appear for LEC in the prosecution of the appeal in circumstances where he was a director of the company and is a bankrupt.

2. The applicant to file and serve any further evidence relied on in support of the notice of motion by 24 January 2017.

3. The respondents to file and serve any evidence and written submissions in respect of the applicant's notice of motion by 7 February 2017.

4. The applicant to file and serve any written submissions in reply by 14 February 2017.