Drama Unit Pty Ltd v Timothy James Cook as Administrator of Fearndale Holdings Pty Ltd [2019] NSWCA 276

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Drama Unit Pty Ltd v Timothy James Cook as Administrator of Fearndale Holdings Pty Ltd [2019] NSWCA 276 Hearing dates: 11 November 2019 Decision date: 11 November 2019 Before: Leeming JA Decision: 1. To the extent necessary, grant leave to Drama Unit Pty Ltd pursuant to s 440D of the Corporations Act 2001 (Cth) to bring and maintain its notice of motion filed 6 November 2019. 2. Notice of motion filed on 6 November 2019 be dismissed. 3. Drama Unit Pty Ltd to pay the costs of Mr Cook and CFT 13 Pty Ltd of the notice of motion. Catchwords: APPEAL – interlocutory relief – relief sought pending delivery of reserved judgment of Court of Appeal – applicant claimed equitable interest in land – claim dismissed at first instance, with orders that caveats be removed – no application for a stay – appeal heard expeditiously – in meantime, respondent sought to sell the land – contract for sale of land entered into – purchaser aware of applicant's claimed equitable interest in the land – application for leave to lodge further caveat, and for injunction against purchaser, refused Legislation Cited: Corporations Act 2001 (Cth), s 440D Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 De Meyrick v Dimitriou [2011] NSWSC 1291 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Vaughan v Dawson [2008] NSWCA 169 Category: Procedural and other rulings Parties: Drama Unit Pty Ltd (Applicant) Timothy James Cook as Administrator of Fearndale Holdings Pty Ltd (Respondent) CFT No 13 Pty Ltd (Interested Party) Representation: Counsel: