In the matter of Galtari Pty Ltd (in liquidation) [2018] NSWSC 2037

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Galtari Pty Ltd (in liquidation) [2018] NSWSC 2037 Hearing dates: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted to the Plaintiffs to file the proposed Amended Statement of Claim. Catchwords: PRACTICE AND PROCEDURE – Application for leave to file proposed Amended Statement of Claim – whether the claims made in the amendments are liable to be summarily dismissed or struck out. Legislation Cited: - Bankruptcy Act 1966 (Cth) ss 82, 153, 230 - Companies Code (NSW) s 556 - Corporations Act 2001 (Cth) s 588M Cases Cited: - Auto Group Ltd v England [2008] NSWSC 402 - Gordon in his capacity as liquidator of Lyon Form Pty Ltd (in liq) v Leon Plant Hire Pty Ltd (in liq) [2015] NSWSC 397 - Perera v Genworth Financial Mortgage Insurance Pty Ltd (2017) 94 NSWLR 83 - Re Galtari Pty Ltd (in liq) [2018] NSWSC 917 - Re Swan Services Pty Ltd (in liq) [2016] NSWSC 1724 - SX Projects Pty Ltd (in liq) v Battaglia [2018] NSWSC 1830 - Taylor v Rudaks [2007] FCA 1962 - Vale v TMH Haulage Pty Ltd (1993) 31 NSWLR 702 Category: Procedural and other rulings Parties: David Gregory Young (First Plaintiff) Galtari Pty Ltd (in liquidation) (Second Plaintiff) Aaron Randell (First Defendant) Brett Smith (Second Defendant) David Marsh (Third Defendant) Damon Moloney (Fourth Defendant) Aaron Randell, Gregory Emerson, Clinton Young and Anthony Riordan trading as Emerson Randell & Young (Fifth Defendant) Techton Building Services Pty Limited (Sixth Defendant) Cheskaye Pty Limited (Seventh Defendant) Tresfree Pty Limited (Eighth Defendant) Representation: Counsel: S Golledge (Plaintiffs) J S Burnett (Second, Fourth, Sixth, Seventh Defendants) C Harris SC (First and Fifth Defendants)