van Royden v DSHE Holdings Limited ACN 166 237 841 (Receivers and Managers Appointed) (In Liquidation) [2018] NSWSC 1773

Supreme Court New South Wales

Medium Neutral Citation: van Royden v DSHE Holdings Limited ACN 166 237 841 (Receivers and Managers Appointed) (In Liquidation) [2018] NSWSC 1773 Hearing dates: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Equity Before: Ball J Decision: The plaintiff's notice of motion filed 2 October 2018 is dismissed. Catchwords: CIVIL PROCEDURE – Commencement of proceedings – Leave to commence action – Commencement of proceedings against company in voluntary administration under s 500(2) of the Corporations Act 2001 (Cth) where the plaintiff is also a group member in representative proceedings Legislation Cited: Australian Consumer Law Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: In the matter of DSHE Holdings Limited (recs and mgrs apptd) (in liq) [2018] NSWSC 82 Category: Procedural and other rulings Parties: Rodney van Royden (Plaintiff) DSHE Holdings Limited ACN 166 237 841 (Receivers and Managers Appointed) (In Liquidation) (First Defendant) Nicholas Abboud (Second Defendant) Michael Thomas Potts (Third Defendant) Representation: Counsel: Litigant in Person (Plaintiff) C Colquhoun (First Defendant)

Solicitors: Litigant in Person (Plaintiff) Colin Biggers & Paisley (First Defendant) File Number(s): 2018/131968 Publication restriction: None