1st Fleet Pty Ltd (in liq) v Transms Pty Ltd [2017] NSWCA 147

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: 1st Fleet Pty Ltd (in liq) v Transms Pty Ltd [2017] NSWCA 147 Hearing dates: 20 June 2017 Decision date: 20 June 2017 Before: Basten JA and Payne JA Decision: (1) Refuse leave to appeal from the orders made by the District Court on 2 March 2017 granting an adjournment of the trial before it.

(2) Order that the applicant pay the respondent's costs in this Court. Catchwords: APPEALS – leave to appeal – leave sought to appeal against District Court order adjourning ongoing proceedings – futility of challenge to effected adjournment – whether applicant's waste of costs sufficient basis for grant of leave – whether appropriate to grant leave Legislation Cited: Corporations Act 2001 (Cth), s 553C Category: Principal judgment Parties: 1st Fleet Pty Ltd (In liq) (Applicant) Transms Pty Ltd (Respondent) Representation: Counsel: Mr M Pesman SC (Applicant) Mr M Ashhurst SC (Respondent)

Solicitors: ERA Legal (Applicant) Yates Beaggi (Respondent) File Number(s): 2017/81841 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 02 March 2017 Before: Maiden DCJ File Number(s): 2015/333472

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]