Deluxe Developments Pty Ltd (In Liq) v Downer EDI Engineering Pty Ltd; In the matter of Downer EDI Engineering Pty Limited [2017] NSWSC 894

Supreme Court New South Wales

Medium Neutral Citation: Deluxe Developments Pty Ltd (In Liq) v Downer EDI Engineering Pty Ltd; In the matter of Downer EDI Engineering Pty Limited [2017] NSWSC 894 Hearing dates: 3 July 2017 Decision date: 07 July 2017 Jurisdiction: Equity Before: Ball J Decision: In 2016/256357:

1. The notice of motion filed on 3 March 2017 dismissed; 2. The defendant pay the plaintiffs' costs of the motion up until 10 May 2017 and each party bear his or its own costs thereafter.

In 2017/140147

3. Pursuant to section 1321 of the Corporations Act 2001 (Cth) and reg 5.6.54(2)(b) of the Corporations Regulations 2001 (Cth) order that the time within which the plaintiff may appeal against the rejection by the defendants of its proof of debt in the winding up of Deluxe Developments Pty Ltd (in liq) ACN 113 583 949 be extended to 11 May 2017;

4. The defendants pay the plaintiff's costs of the plaintiff's application for an extension of time. Catchwords: PRACTICE AND PROCEDURE – extension of time – appeal – whether party will suffer prejudice if extension of time to appeal allowed or rejected – whether party will suffer prejudice as a result of delay PRACTICE AND PROCEDURE – application for determination of separate question Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) s 27 Corporations Act 2001 (Cth) ss 553C, 596B Corporations Regulations 2001 (Cth) reg 5.6.54(2)(b) Cases Cited: Derwinto Pty Ltd (In Liq) v Lewis (2002) 42 ACSR 645; [2002] NSWSC 731 In the matter of Pan Pharmaceuticals Ltd (in liq); Brennan v McGrath [2011] NSWSC 561 Texts Cited: K R Handley, Spencer Bower and Handley Res Judicata, (4th ed, 2009, LexisNexis) at paras [2.03], [2.20] Category: Procedural and other rulings Parties: Deluxe Developments Pty Ltd (In Liq) (First Plaintiff (2016/256357)) Riad Tayeh and David Solomons in their capacity as joint and several liquidators of Deluxe Developments Pty Ltd (In Liq) (Second Plaintiff (2016/256357) | Defendant (2017/140147)) Downer EDI Engineering Pty Ltd (Defendant (2016/256357) | Plaintiff (2017/140147)) Representation: Counsel: S Ipp (Plaintiffs (2016/256357) | Defendants (2017/140147)) R Yezerski (Defendant (2016/256357) | Plaintiff (2017/140147))