Caron v Said Jahani and John McInerney as joint and several liquidators of Courtenay House Capital Trading Group Pty Ltd (In liq) and Courtenay House Pty Ltd (In liq) [2019] NSWCA 293

Caron v Said Jahani and John McInerney as joint and several liquidators of Courtenay House Capital Trading Group Pty Ltd (In liq) and Courtenay House Pty Ltd (In liq) [2019] NSWCA 293

Court grants leave to commence appeal against companies in liquidation, appoints appellants and J P Melocco Pty Ltd as representative parties for their respective investor groups, authorises payment of legal costs from funds under liquidators' control (provided for by directions and subject to committee or registrar approval), and reserves allocation of costs between funds for determination by the appeal court; motions otherwise dismissed and costs of motions to be costs in appeal.

Parties
First Appellant: Peter Caron; Second Appellant: Anke Seidlitz; First Respondent: Said Jahani and John McInerney as joint and several liquidators of Courtenay House Capital Trading Group Pty Ltd (In liq) and Courtenay House Pty Ltd (In liq); Second Respondent: Courtenay House Capital Trading Group Pty Ltd (In liq); Third Respondent: Courtenay House Pty Ltd (In liq); Fourth Respondent: J P Melocco Pty Ltd; Fifth Respondent: LifeSmart Trading Pty Ltd; Sixth Respondent: Mr Ralph Del Vecchio
Jurisdiction
Australia
Judgment Date
02 December 2019
Procedural Posture
Civil Appeal / Interlocutory Orders for Representation, Leave, and Costs
Outcome
Orders made for leave to appeal, appointment of representative parties, payment of legal costs, and relisting of appeal; motions otherwise dismissed; costs of motion to be costs in the appeal.
Legal Topics
Liquidation, Managed Investment Scheme, Representative Proceedings, Distribution of Funds, Costs Orders
Corporate Insolvency Equity Civil Procedure Liquidation Managed Investment Scheme Representative Proceedings Distribution of Funds Costs Orders

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Parties

Peter Caron

First Appellant

Anke Seidlitz

Second Appellant

Said Jahani and John McInerney as joint and several liquidators of Courtenay House Capital Trading Group Pty Ltd (In liq) and Courtenay House Pty Ltd (In liq)

First Respondent

Courtenay House Capital Trading Group Pty Ltd (In liq)

Second Respondent

Courtenay House Pty Ltd (In liq)

Third Respondent

J P Melocco Pty Ltd

Fourth Respondent

LifeSmart Trading Pty Ltd

Fifth Respondent

Mr Ralph Del Vecchio

Sixth Respondent

Procedural Posture

Civil Appeal / Interlocutory Orders for Representation, Leave, and Costs

Legal Issues

  1. 1 Should leave to appeal be granted against companies in liquidation?
  2. 2 Who should be appointed as representative parties for different investor groups?
  3. 3 How and from which funds should relevant legal costs be paid?

Ratio Decidendi

Court grants leave to commence appeal against companies in liquidation, appoints appellants and J P Melocco Pty Ltd as representative parties for their respective investor groups, authorises payment of legal costs from funds under liquidators' control (provided for by directions and subject to committee or registrar approval), and reserves allocation of costs between funds for determination by the appeal court; motions otherwise dismissed and costs of motions to be costs in appeal.

Court Disposition

Orders made for leave to appeal, appointment of representative parties, payment of legal costs, and relisting of appeal; motions otherwise dismissed; costs of motion to be costs in the appeal.

Orders

  • Leave granted to appellants to begin and proceed with appeal against second and third respondents under s 471B Corporations Act 2001 (Cth).
  • Appellants appointed to represent themselves and Post 21 April 2017 Westpac Investors in the appeal under r 7.6 Uniform Civil Procedure Rules 2005 (NSW).