Aroona Developments Pty Ltd (in liq) v Killen

The Supreme Court of New South Wales, Court of Appeal, considered an application by Aroona Developments Pty Ltd (in liq) to strike out appeals brought by Killen. The core of the dispute concerned the interpretation of a statutory financial threshold relevant to the appeals, specifically whether it was determined by the amount in the judgment or the amount a party could or did pay against such a judgment in proceedings involving a liquidation.

The primary legal issue before the Court of Appeal was to determine the correct method for assessing whether the statutory financial limitations threshold under section 101(2)(r) of the *Supreme Court Act 1970* (NSW) had been met. This involved deciding whether the relevant amount was the figure stated in the judgment itself, or the actual amount paid or capable of being paid by the party against that judgment. A secondary issue related to whether leave under section 471B of the *Corporations Act 2001* (Cth) was required for the appeals.

Ipp JA, applying established High Court authority in *Oertel v Crocker* and *Moller v Roy*, held that the statutory threshold under section 101(2)(r) is determined by the amount specified in the judgment, irrespective of the amount paid or payable. Regarding the *Corporations Act* issue, the Court found that leave under section 471B was not required, but if it were, it would be granted *nunc pro tunc* (now for then), referencing the principle in *Re Gordon Grant & Grant Pty Ltd*.

Consequently, the application to strike out the appeals was dismissed, and Aroona Developments Pty Ltd (in liq) was ordered to pay Killen's costs.