Shaoyong (David) Guo & Anor v Xinwei Song & Ors; In the matter of SG Capricorn Investments Pty Ltd (subject to deed of company arrangement); Dameng Developments Pty Ltd (subject to deed of company arrangement); and New Mangrove Pty Ltd (subject to a deed of company arrangement) [2018] NSWSC 214

Supreme Court New South Wales

Medium Neutral Citation: Shaoyong (David) Guo & Anor v Xinwei Song & Ors; In the matter of SG Capricorn Investments Pty Ltd (subject to deed of company arrangement); Dameng Developments Pty Ltd (subject to deed of company arrangement); and New Mangrove Pty Ltd (subject to a deed of company arrangement) [2018] NSWSC 214 Hearing dates: 7 February 2018 (written submissions as to costs) Decision date: 27 February 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: In proceedings 2015/92649, the Third, Fourth and Fifth Defendants are released from the undertaking given by them to the Court. The First and Second Plaintiffs pay the Third, Fourth and Fifth Defendants' costs of and incidental to the notice of motion filed by the Third, Fourth and Fifth Defendants on 29 August 2017. The notice of motion filed by the First and Second Plaintiffs on 4 September 2017 be dismissed, and the First and Second Plaintiffs pay the Defendants' costs of and incidental to the application for leave to file a Further Amended Statement of Claim. The First and Second Defendants' notice of motion filed on 18 September 2017 is dismissed with no order as to costs.

In proceedings 2017/356899, the Deed of Company Arrangement dated 18 October 2017 entered into by the First, Second, Third, Fourth, Fifth and Sixth Defendants, in respect of each of the First, Second and Third Defendant companies, be terminated and the First, Second and Third Defendants be wound by the Court. The First, Second and Third Defendants pay one quarter of the Plaintiffs' costs of the Originating Process excluding costs of the Plaintiffs' seeking leave to proceed in proceeding 2015/92649. The Sixth Defendant pay one quarter of the Plaintiffs' costs of the Originating Process, excluding costs of the application for leave to proceed, incurred on and after 28 November 2017. The costs of the Plaintiff's leave application be costs in the cause in proceeding 2016/92649. The Plaintiffs pay the Fourth and Fifth Defendants' costs of and incidental to the Originating Process. Catchwords: CORPORATIONS – where leave to file amended statement of claim not granted under s 440D of the Corporations Act 2001 (Cth) – whether Court, in giving effect to decision not to grant such leave, will permit statement of claim to be amended in part over opposition of other parties