Devine v Liu; Devine v Ho [2018] NSWSC 1453

Supreme Court New South Wales

Medium Neutral Citation: Devine v Liu; Devine v Ho [2018] NSWSC 1453 Hearing dates: 7 September 2018 Date of orders: 28 September 2018 Decision date: 28 September 2018 Jurisdiction: Equity - Corporations List Before: Parker J Decision: The orders of the Court are:

1. Direct that within 21 days the defendants bring in Short Minutes of Order:

a) giving effect to this judgment; and b) providing, in the event of any disagreement as to the form of those orders, for directions for the filing of any necessary evidence and submissions with a view to a hearing to be fixed by arrangement with my Associate. Catchwords: PRACTICE AND PROCEDURE – applications – pleadings and particulars – application to amend statement of claim – strike out and summary judgment application – statement of claim pleaded claim concerning a director's duty to prevent insolvent trading by company under Corporations Act 2001 (Cth), s 588G – where statement of claim did not plead how and when company incurred relevant debts – where statement of claim did not particularise the nature of reliance on the presumption of insolvency under Corporations Act 2001 (Cth), s 588E(4)

PRACTICE AND PROCEDURE – applications – security for costs order – general principles as to ordering security for costs against plaintiff liquidator – litigation funding – solicitors for the liquidator conducting proceedings on a "no win, no fee" basis

PRACTICE AND PROCEDURE – applications – security for costs order – general principles as to ordering security for costs against plaintiff liquidator – liquidator and company as co-plaintiffs – whether the company is a necessary party to voidable transaction and insolvent trading claims under the Corporations Act 2001 (Cth) – discussion of whether the joinder of a liquidator as co-plaintiff prevents the Court from ordering security even if co-plaintiff company is insolvent