In the matter of BBY Limited (recs and mgrs apptd) (in liq); In the matter of BBY Holdings Pty Ltd (recs and mgrs apptd) (in liq) [2019] NSWSC 352

Supreme Court New South Wales

Medium Neutral Citation: In the matter of BBY Limited (recs and mgrs apptd) (in liq); In the matter of BBY Holdings Pty Ltd (recs and mgrs apptd) (in liq) [2019] NSWSC 352 Hearing dates: 8 February 2019 Decision date: 08 February 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Dismiss the Interlocutory Process filed on 15 October 2018 by the First and Second Defendants. The First and Second Defendants to pay the Liquidators' costs of the application, as agreed or as assessed. Catchwords: CORPORATIONS – leave under s 500(2) of the Corporations Act 2001 (Cth) – where various claims made in interlocutory process – where claims are against companies not presently joined to the proceedings – whether leave should be granted under s 500(2) of the Corporations Act 2001 (Cth) – whether the companies the subject of the claims should be joined. Legislation Cited: - Corporations Act 2001 (Cth) Pts 5.7B, 7.8, ss 477, 477(2)(c), 500, 500(2), 556, 588FF - Supreme Court (Corporations) Rules 1999 (NSW) - Trustee Act 1925 (NSW) s 60 Cases Cited: - Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356 - Jones (Liquidator) v Matrix Partners Pty Ltd; Re Killarnee Civil and Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40 - Matrix Group Ltd (in liq) (Trustee) v Oates, in the matter of Matrix Group Ltd (in liq) (Trustee) (No 5) [2018] FCA 303 - Re BBY Ltd (recs and mgrs apptd) (in liq) (No 2) [2018] NSWSC 346 - Re BBY Ltd (recs and mgrs apptd) (in liq) (No 3) [2018] NSWSC 1718 - Re DSHE Holdings Ltd (recs and mgrs apptd) (in liq) [2018] NSWSC 82 - Re Stansfield DIY Wealth Pty Ltd (in liq) [2014] NSWSC 1484 - Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2018] NSWCA 139 - van Royden v DSHE Holdings Ltd (recs and mgrs apptd) (in liq) [2018] NSWSC 1773 Category: Procedural and other rulings Parties: Ian Hall and Stephen Vaughan in their capacity as joint and several liquidators of BBY Limited (recs and mgrs apptd) (in liq) and BBY Holdings Pty Ltd (recs and mgrs apptd (in liq) (First Plaintiff/Respondent) BBY Limited (recs and mgrs apptd) (in liq) (Second Plaintiff/Respondent) BBY Holdings Pty Ltd (recs and mgrs apptd) (in liq) (Third Plaintiff/Respondent) Glenn Rosewall (First Defendant/Applicant) G.A.R.F. Pty Limited (Second Defendant/Applicant) Representation: Counsel: D Greenberg (Solicitor) (Plaintiffs/Respondents)