Filed: 31 October 2018 5:56 PM Form 3 D000125VP3 INTERLOCUTORY PROCESS COVERSHEET AND ACKNOWLEDGEMENT IN THE MATTER OF Courtenay House Capital Trading Group Pty Limited (in Liquidation) COURT DETAILS Court Supreme Court of NSW Division Equity List Corporations List Registry Supreme Court Sydney Case number 2017/00269831 FILING DETAILS Filed for Said Jahani, Applicant 1 John McInerney, Applicant 2 Courtenay House Capital Trading Group Pty Limited (in Liquidation), Applicant 3 Courtenay House Pty Limited (in Liquidation), Applicant 4 Legal representative Legal representative reference Telephone Your reference Scott Hedge SGH:SWM:1705922 HEARING DETAILS This application will be heard at Supreme Court Sydney on 12 November 2018 at 09:45 AM ATTACHMENT DETAILS In accordance with Part 3 of the UCPR, this coversheet confirms that both the Interlocutory Application, along with any other documents listed below, were filed by the Court. Corporations Law Interlocutory Process (Form 3) (Interlocutory Process - 31 October 2018.pdf) [attach.] thoff1 Page 1 of 1
Filed: 31/10/2018 17:56 PM Form 3 (rules 2.2, 15A.4, 15A.8 and 15A.9) IN THE SUPREME COURT OF NEW SOUTH WALES No. 2017/00269831 DIVISION: Equity REGISTRY: Sydney Corporations List IN THE MATTER OF COURTENAY HOUSE CAPITAL TRADING GROUP PTY LIMITED (IN LIQUIDATION) (ACN 152 224 149) & COURTENAY HOUSE PTY LIMITED (IN LIQUIDATION) (ACN 130 607 644) SAID JAHANI AND JOHN MCINERNEY IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF COURTENAY HOUSE PTY LIMITED (IN LIQUIDATION) AND COURTENAY HOUSE CAPITAL TRADING GROUP PTY LIMITED (IN LIQUIDATION) First Applicant COURTENAY HOUSE CAPITAL TRADING GROUP PTY LIMITED (IN LIQUIDATION) (ACN 152 224149) Second Applicant COURTENAY HOUSE PTY LIMITED (IN LIQUIDATION) (ACN 130 607 644) Third Applicant INTERLOCUTORY PROCESS A. DETAILS OF APPLICATION This application is made pursuant to section 90-15 of Schedule 2 Insolvency Practice Schedule (Corporations) to the Corporations Act 2001 (Cth)(IPS), section 63 of the Trustee Act 1925 (NSW) (Trustee Act) and rules 1.8, 2.13(3), 2.13(5) of the Supreme Court (Corporations) Rules 1999 (NSW)(Corporations Rules). Capitalised terms not otherwise defined in this Interlocutory Process are defined in Annexure A to this Interlocutory Process. On the facts stated in the Liquidators' Second Report, the applicants apply for the following relief: General body of Westpac Investors Pursuant to section 90-15 of the IPS and section 63 of the Trustee Act: A direction or order that the Liquidators are justified in distributing the funds deposited by the Westpac Investors to the Westpac Investors only, and not to other creditors of the Companies, on the basis that the Westpac Investors are the Filed on behalf of : the Applicants Prepared by: Colin Biggers 8~ Paisley Pty Ltd DX: 280 SYDNEY Lawyers Tel: (02) 8281 4555 Level 42, 2 Park Street Fax: (02) 8281 4567 SYDNEY NSW 2000 Ref: :1808495 Email: scott.hedge(c~cbp.com.au - stuart.mckenzie(c~cbp.com.au Attention: Scott Hedge JVCVRMLHAV
beneficial owners of the funds deposited by the Westpac Investors into the Westpac Accounts. A direction or order that the Liquidators are justified in determining the amounts to be distributed from the Westpac Accounts to the Westpac Investors on the basis that: (i) (ii) distributions will be made pro-rata on a pari passu basis; and the amounts for which each Westpac Investor will be entitled to participate on a pro-rata pari passu basis are to be determined by deducting from the amount paid in by that Investor any amount or amounts received by that I nvestor from the Companies. Non-Brexit Post 21 April 2017 Investors and Non-Brexit Post Final Withdrawal Investors 2. Pursuant to section 90-15 of the IPS and section 63 of the Trustee Act, a direction as to how the amounts referred to in Categories E and F of the Liquidators' Second Report should be distributed or otherwise dealt with. Mistaken Deposits 3. Pursuant to section 90-15 of the IPS and section 63 of the Trustee Act, a direction as to how the amounts referred to in Categories G and H of the Liquidators' Second Report should be distributed or otherwise dealt with, being amounts referred to that might otherwise be payable to the following parties: (c) (d) (e) (f) (g) (h) (i) Alex Mastoris; Barbara O'Riordan; Oliver Dixon; Ralph Del Vecchio; Evan Haugh; Janet Timberg; Mitchell Wood; Peter Teklic; and Robert Sindoni. Brexit related parties 4. Pursuant to section 90-15 of the IPS and section 63 of the Trustee Act, a direction as to how the amounts referred to in Category I of the Liquidators' Second Report should be distributed JVCVRMLHAV 2
or otherwise dealt with, being amounts referred to that might otherwise be payable to the following parties: Vanessa and Bozo Relja; and Nina Girsa. 5. Such further or other order or direction that the Court deems fit. Date: 31 October 2018 ' Scott Geoffrey Hedge Solicitor for the Applicants This application will be heard by the Supreme Court of New South Wales at Law Courts Building Queens Square Sydney at on B. NOTICE TO RESPONDENTS: If you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence. Before appearing before the Court, you must, except if you have already done so or you are the plaintiff in this proceeding, file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff in the originating process. Note Unless the Court otherwise orders, a respondent that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court grants leave. C. FILING This interlocutory process is filed by Colin Biggers &Paisley for the Applicants. D. SERVICE The applicant's address for service is c/- Colin Biggers &Paisley Pty Ltd, Lawyers, Level 42, 2 Park Street, Sydney NSW 2000. It is intended to serve a copy of this interlocutory process on the Australian Securities and I nvestments Commission JVCVRMLHAV.~
ANNEXURE A Definitions Companies means collectively, Courtenay House Capital Trading Group Pty Limited (in liquidation) and Courtenay House Pty Limited (in liquidation). Liquidators means Said Jahani and John McInerney in their capacity as joint and several liquidators of the Companies Liquidators' Second Report means the Liquidators' Report to Court dated on or about the same date as this Interlocutory Process. Westpac Investors means the investors who deposited funds into the Westpac Accounts (or any of them) to participate in investment opportunities other than the investment identified by the Companies as the "Brexit Investment", excluding: the Non-Brexit Post 21 April 2017 Investors (referred to in Category E of the Liquidators' Second Report); the Non-Brexit Post Final Withdrawal Investors (referred to in Category F of the Liquidators' Second Report); (c) David Sipina and related entities (referred to in Category J of the Liquidators' Second Report); and (d) Athan Papoulias and related entities (referred to in Category J of the Liquidators' Second Report). Westpac Accounts means, together, Westpac account number 265692, Westpac Account number 490253 and Westpac account number 81957. JVCVRMLHAV 4