In the matter of BBY Limited (receivers and managers appointed)(in liquidation) ACN 006 707 777 [2016] NSWSC 1973

Supreme Court New South Wales

Medium Neutral Citation: In the matter of BBY Limited (receivers and managers appointed)(in liquidation) ACN 006 707 777 [2016] NSWSC 1973 Hearing dates: Monday, 7 March 2016 Date of orders: 07 March 2016 Decision date: 07 March 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Question in Schedule to be decided before the other questions, and separate question to be fixed for hearing on 22 March 2016. Catchwords: PROCEDURE – where proceedings are already provisionally fixed for hearing – entitlement of parties to funds – whether resolving question of entitlement is inconsistent with resolving question of pooling – questions need to be decided at some stage – held, question of entitlement can be resolved on one of days of hearing Category: Procedural and other rulings Parties: Stephen Ernest Vaughan and Ian Richard Hall in their capacity as joint and several administrators of BBY Limited ACN 006 707 777 and the entities listed in schedule 1 (first plaintiff) BBY Limited (administrators appointed) (receivers and managers appointed) ACN 006 707 777 (second plaintiff) J Mazzetti Pty Ltd ACN 006 705 602 as trustee for J Mazzetti Pty Ltd Staff Superannuation Fund (and others)(first defendant) Securities Exchanges Guarantee Corporation Limited (second defendant) Clive Riseam (third defendant) Securities Exchanges Guarantee Corporation Limited ACN 008 626 793 (fourth defendant) David Nadin (fifth defendant) Representation: Counsel: R M Foreman (plaintiffs) D J Williams QC w G J Parncutt (first defendant) V Whittaker (second defendant) G Ng (third defendant) F Innes (fourth defendant) M Henry SC (fifth defendant)