In the matter of Lime Gourmet Pizza Bar (Charlestown) Pty Ltd (formerly under administration); Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (formerly under administration); Lime Gourmet Pizza Bar (Hamilton) Pty Ltd (formerly under administration) [2013] NSWSC 1322

In the matter of Lime Gourmet Pizza Bar (Charlestown) Pty Ltd (formerly under administration); Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (formerly under administration); Lime Gourmet Pizza Bar (Hamilton) Pty Ltd (formerly under administration) [2013] NSWSC 1322

The Registrar's orders must be set aside due to a fundamental irregularity—failure to serve the originating process and supporting affidavits on the companies, depriving them of procedural fairness and the right to be heard.

Jurisdiction
Australia
Judgment Date
09 September 2013
Procedural Posture
Interlocutory Application / Application to Set Aside Registrar's Remuneration Order
Outcome
Registrar's orders determining administrators' remuneration set aside; no order as to costs.
Legal Topics
['setting Aside Orders' 'service of Process' "administrators' Remuneration"]
['corporations Law' 'civil Procedure'] ['setting Aside Orders' 'service of Process' "administrators' Remuneration"]

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Procedural Posture

Interlocutory Application / Application to Set Aside Registrar's Remuneration Order

Legal Issues

  1. 1 ["Whether the Registrar's order determining administrators' remuneration should be set aside due to lack of service on the companies" 'Whether rule 9.2 of the Supreme Court (Corporations) Rules 1999 (NSW) applies to applications brought by former administrators' 'Whether procedural fairness was denied to the companies']

Ratio Decidendi

The Registrar's orders must be set aside due to a fundamental irregularity—failure to serve the originating process and supporting affidavits on the companies, depriving them of procedural fairness and the right to be heard.

Court Disposition

Registrar's orders determining administrators' remuneration set aside; no order as to costs.

Orders

  • ['Orders made by the Registrar on 22 May 2013 set aside.' 'No order as to costs of this application.']