In the matter of Nexus Energy Ltd (subject to deed of company arrangement) [2014] NSWSC 1689

Because of late service of substantial and complex evidence, the shareholders would not have a fair opportunity to respond if the hearing proceeded on its original dates, thus procedural fairness requires the hearing date to be vacated despite commercial urgency and risk of liquidation.

Jurisdiction: Australia
Judgment Date: 25 November 2014
Procedural Posture: Interlocutory Application / Application to Vacate Hearing Date
Outcome: Hearing date vacated; matter relisted for hearing tentatively commencing 16 December 2014, with four days reserved.
Legal Topics: ['vacation of Hearing Date' 'procedural Fairness' 'deed of Company Arrangement' 'transfer of Shares' 'unfair Prejudice']

['corporations Law' 'civil Procedure'] ['vacation of Hearing Date' 'procedural Fairness' 'deed of Company Arrangement' 'transfer of Shares' 'unfair Prejudice']

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Procedural Posture

Interlocutory Application / Application to Vacate Hearing Date

Legal Issues

1 ['Whether the hearing date for application under s 444GA should be vacated in light of late service of evidence and procedural fairness to shareholders' 'Whether maintaining the hearing date would deny shareholders a fair opportunity to respond to evidence relied on by deed administrators']

Ratio Decidendi

Court Disposition

Hearing date vacated; matter relisted for hearing tentatively commencing 16 December 2014, with four days reserved.

Orders

['Hearing date of 27-28 November 2014 is vacated.' 'Matter is listed for hearing commencing 16 December 2014, with four days reserved.']