Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2018] NSWCA 139

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2018] NSWCA 139 Hearing dates: 18 June 2018 Decision date: 22 June 2018 Before: Sackville AJA Decision: Pursuant to s 500(2) of the Corporations Act 2001 (Cth) the appellant have leave, nunc pro tunc, to commence its appeal against the decision of Stevenson J given on 5 April 2018. Catchwords: CORPORATIONS – appellant seeks leave to commence an appeal against a judgment in favour of a corporation in liquidation – whether application should be adjourned to allow the liquidation to settle accounts between the appellant and the company – leave granted Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 17(1)(a)(ii) Corporations Act 2001 (Cth) ss 439C, 471B, 500(2), 513B, 513C, 553C Cases Cited: Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356 Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247; 313 FLR 163 In the Matter of DSHE Holdings Limited (recs and mgrs appointed) (in liq) [2018] NSWSC 82 Mayo v W&K Holdings (NSW) Pty Ltd, [2014] NSWCA 120 Mernda Developments Pty Ltd (in liq) v Alamanda Property Investments No 2 Pty Ltd [2011] VSCA 392 Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2018] NSWSC 412 Vagrand Pty Ltd (in liq) v Fielding (1993) 41 FCR 550 Category: Procedural and other rulings Parties: Seymour Whyte Constructions Pty Ltd (Appellant) Ostwald Bros Pty Ltd (In liquidation) (First Respondent) Doron Rivlin (Second Respondent) Adjudicate Today Pty Limited (Third Respondent) Representation: Counsel: Mr D Hume (Appellant) Mr S Robertson (Respondents) Submitting appearance (Second and Third Respondents)