In the matter of Beechworth Land Estates Pty Ltd (administrators appointed) [2017] NSWSC 1447

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Beechworth Land Estates Pty Ltd (administrators appointed) [2017] NSWSC 1447 Hearing dates: 23 October 2017 Date of orders: 23 October 2017 Decision date: 25 October 2017 Before: Gleeson JA Decision: 1. The Court, pursuant to r 2.13 of the Supreme Court (Corporations) Rules, orders that Brian Dean, Leonardus Smits and Peter Shah Mahommed be joined as parties to these proceedings.

2. The Court makes declarations in terms of paragraphs 2 and 3 of the originating process filed on 14 September 2017.

3. The Court notes that Mr Mahommed and Mr Smits without prejudice to their contentions, and otherwise without admissions on the part of those parties, ratify and adopt the contract referred to in paragraph 2 of the originating process.

4. The Court reserves the parties' costs incurred up to and including 23 October 2017.

5. The Court notes the further agreement recorded in paragraphs 1 and 5 of Annexure A hereto and makes orders in terms of paragraphs 2-4 thereto, namely:

Without prejudice and without admissions, Messrs Mahommed, Smits and Dean agree as follows:

1. As to the subject lots upon registration of the transfers of title to the defendant:

(a) as to Lots 48 and 49, the defendant shall hold title to these lots upon condition it shall not alienate, encumber or otherwise deal with those lots pending final determination of the interlocutory applications filed on 29 September 2017;

(b) as to the remainder of the lots (other than Lots 48 and 49), the defendant shall be at liberty to deal with them as it sees fit;