Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad (No 2) [2022] FCA 1133

Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad (No 2) [2022] FCA 1133

Leave to adduce further evidence is granted notwithstanding applicants' delay and lack of explanation, because the evidence is significant, the prejudice to respondents is manageable, the proceedings are for the benefit of creditors, and refusal would likely prolong the inefficiency by requiring a new interlocutory application.

Parties
First Applicant: David Hurst in his capacity as liquidator of Lloyds Curry Shop Pty Ltd (in liquidation) (ACN 143787044); Second Applicant: Lloyds Curry Shop Pty Ltd (in liquidation) (ACN 143787044); First Respondent: Kaushik Prasad; Second Respondent: Accolade Advisory Pty Ltd (ACN 604214100); Third Respondent: Sam Cassaniti; Fourth Respondent: Reliance Financial Services Pty Ltd ACN 146317919; Fifth Respondent: David Cassaniti; Sixth Respondent: Carmelo Duardo
Jurisdiction
Australia
Judgment Date
23 September 2022
Procedural Posture
Interlocutory Application / Leave to Adduce Further Evidence After Decision Reserved
Outcome
Leave granted to applicants to adduce further evidence in relation to their interlocutory applications; procedural orders made; costs reserved.
Legal Topics
Leave to Adduce Further Evidence, Interlocutory Applications, Freezing Orders, Disclosure Obligations, Procedural Fairness
Practice and Procedure Commercial Law Corporations Law Corporate Insolvency Leave to Adduce Further Evidence Interlocutory Applications Freezing Orders Disclosure Obligations +1 more

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Parties

David Hurst in his capacity as liquidator of Lloyds Curry Shop Pty Ltd (in liquidation) (ACN 143787044)

First Applicant

Lloyds Curry Shop Pty Ltd (in liquidation) (ACN 143787044)

Second Applicant

Kaushik Prasad

First Respondent

Accolade Advisory Pty Ltd (ACN 604214100)

Second Respondent

Sam Cassaniti

Third Respondent

Reliance Financial Services Pty Ltd ACN 146317919

Fourth Respondent

David Cassaniti

Fifth Respondent

Carmelo Duardo

Sixth Respondent

Procedural Posture

Interlocutory Application / Leave to Adduce Further Evidence After Decision Reserved

Legal Issues

  1. 1 Whether leave should be granted to adduce further evidence after a decision has been reserved in interlocutory applications
  2. 2 Whether the applicants' failure to adduce available evidence previously should preclude leave
  3. 3 Whether the grant of leave would prejudice the respondents or efficient conduct of proceedings

Ratio Decidendi

Leave to adduce further evidence is granted notwithstanding applicants' delay and lack of explanation, because the evidence is significant, the prejudice to respondents is manageable, the proceedings are for the benefit of creditors, and refusal would likely prolong the inefficiency by requiring a new interlocutory application.

Court Disposition

Leave granted to applicants to adduce further evidence in relation to their interlocutory applications; procedural orders made; costs reserved.

Orders

  • Applicants granted leave to rely on specified affidavits as further evidence.
  • Applicants to file and serve evidence and supplementary submissions by 26 September 2022.