Cold Rock Management Pty Ltd v Maerceci Pty Ltd (No 2) [2011] FCA 977

Cold Rock Management Pty Ltd v Maerceci Pty Ltd (No 2) [2011] FCA 977

Given the respondents had signified prior to administration, via solicitors, that the cross-claim would not be pressed, and in light of the commercial prejudice to the applicant, leave (if necessary) should be granted to the applicant to proceed with and dismiss the cross-claim; s 440D applied as the cross-claim was a proceeding in relation to company property.

Jurisdiction
Australia
Judgment Date
11 August 2011
Procedural Posture
Corporations/external Administration/stay of Proceedings / Application for Leave to Proceed With Cross Claim and Summary Dismissal of Cross Claim
Outcome
Leave granted (to the extent necessary) to proceed with and dismiss the cross-claim; cross-claim dismissed; other proceedings adjourned; costs reserved; liberty to apply granted.
Legal Topics
['external Administration' 'stay of Proceedings' 'leave to Proceed' 'summary Dismissal' 'cross Claim']
['corporations Law'] ['external Administration' 'stay of Proceedings' 'leave to Proceed' 'summary Dismissal' 'cross Claim']

Case Brief

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Procedural Posture

Corporations/external Administration/stay of Proceedings / Application for Leave to Proceed With Cross Claim and Summary Dismissal of Cross Claim

Legal Issues

  1. 1 ['Whether leave is required under s 440D of the Corporations Act 2001 (Cth) for the applicant to seek dismissal of the respondents’ cross-claim' 'Whether the cross-claim should be summarily dismissed']

Ratio Decidendi

Given the respondents had signified prior to administration, via solicitors, that the cross-claim would not be pressed, and in light of the commercial prejudice to the applicant, leave (if necessary) should be granted to the applicant to proceed with and dismiss the cross-claim; s 440D applied as the cross-claim was a proceeding in relation to company property.

Court Disposition

Leave granted (to the extent necessary) to proceed with and dismiss the cross-claim; cross-claim dismissed; other proceedings adjourned; costs reserved; liberty to apply granted.

Orders

  • ['Insofar as may be necessary, leave is granted to the applicant to proceed with the cross-claim.' 'The cross-claim is dismissed.' 'Save as aforesaid, the proceedings are adjourned to a date to be fixed.' 'Costs are reserved.' 'Liberty to apply is granted to each party.']