In the matter of Force Corp Pty Limited (receivers and managers appointed) (in liquidation) [2018] NSWSC 1919

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Force Corp Pty Limited (receivers and managers appointed) (in liquidation) [2018] NSWSC 1919 Hearing dates: 27 November 2018 Decision date: 27 November 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The application for determination of the question of solvency of the First Plaintiff as a separate question in the preference proceedings against several parties to be heard together with the insolvent trading proceedings against different parties is dismissed. Catchwords: PRACTICE AND PROCEDURE – separate determination of questions – application for determination of question of solvency as a separate question in one proceedings to be heard together with related proceedings – where proposed order provides that evidence in one proceeding be evidence in the other but not vice versa – where proposed order provides – whether proposed order facilitates the just, quick and cheap resolution of the real issues in dispute. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58 - Corporations Act 2001 (Cth) ss 588E, 1317S, 1318 Category: Procedural and other rulings Parties: Force Corp Pty Limited (Receivers and Managers Appointed) (in liquidation) (First Plaintiff/Respondent) David John Frank Lombe (Second Plaintiff/Respondent) Telstra Corporation Limited (First Defendant) Terex Australia Pty Ltd (Second Defendant/Applicant) Representation: Counsel: D. Krochmalik (Plaintiffs/Respondents) R Thrift (First Defendant) C N Bova (Second Defendant/Applicant)