In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412) [2018] NSWSC 1265

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412) [2018] NSWSC 1265 Hearing dates: 6 August 2018 Decision date: 06 August 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Application for stay of continuing steps in proceedings dismissed with costs. Catchwords: PRACTICE AND PROCEDURE – application for stay of proceedings under s 67 of the Civil Procedure Act 2005 (NSW) – where application for leave to appeal from earlier interlocutory judgment is pending determination – where dispute between applicant and insurer as to the costs of proceedings is pending determination – whether further steps should be taken in these proceedings pending determination of those proceedings Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 60, 67 Cases Cited: - Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 - Hans Pet Construction Pty Ltd v Cassar [2009] NSWCA 230 - House v The King (1936) 55 CLR 499 - New South Wales Bar Association v Stevens [2003] NSWCA 95 - Yoo v Toppro Pty Ltd [2016] NSWSC 734 Category: Procedural and other rulings Parties: Tiaro Coal Limited (in liquidation) (Plaintiff) Peter Meers (First Defendant) Francis Choy (Second Defendant) Rado Jacob Rebek (Third Defendant) Ibrahim Menudin (Fourth Defendant) Wei Huang (Fifth Defendant) Jianfei Wang (Sixth Defendant) Hudson Resources Limited (Seventh Defendant) Hudson Corporate Limited (Eighth Defendant) Bundaberg Coal Pty Ltd (Ninth Defendant) Representation: Counsel: D R Sulan (Plaintiff/Respondent) M Izzo/C Trahanas (Second Defendant/Applicant) N M Bender (Fourth and Fifth Defendants)