In the matter of N J Palmer v Onesteel Trading Pty Limited (subject to a deed of company arrangement) [2017] NSWSC 740

Supreme Court New South Wales

Medium Neutral Citation: In the matter of N J Palmer v Onesteel Trading Pty Limited (subject to a deed of company arrangement) [2017] NSWSC 740 Hearing dates: 21 March 2017 Decision date: 21 March 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Grant the Plaintiff leave nunc pro tunc to proceed against the Defendant in the District Court of New South Wales, any judgment not to be entered against the Defendant without leave of the court. Each party to pay its own costs in relation to these proceedings, without prejudice to the Plaintiff's right to recover his costs, as costs in the cause, of the District Court proceedings. Catchwords: CORPORATIONS — Application under s 444E(3) of the Corporations Act 2001 (Cth) to continue proceedings against company in deed administration – where company's insurer would bear the costs of defending the proceedings – where company is one of two defendants – whether leave ought be granted to continue proceedings. Legislation Cited: - Corporations Act 2001 (Cth), s 444E(3) Cases Cited: - Meehan v Stockmans Australian Cafe (Holdings) Pty Ltd (1996) 22 ACSR 123 - Mehan v Arrium Limited (formerly Onesteel Limited) & Anor [2016] NSWSC 1680 Category: Principal judgment Parties: Nathan John Palmer (Plaintiff) Onesteel Trading Pty Limited (subject to a deed of company arrangement) (Defendant) Representation: Counsel: J E Doyon (Plaintiff) E Osborne (Defendant)

Solicitors: CMC Lawyers (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2016/247207