BDT Holdings Pty Ltd v Piscopo (No 2)

BDT Holdings Pty Ltd v Piscopo (No 2) involves a dispute over the bankrupt estate of Mr. Piscopo, with BDT Holdings seeking to establish its status as a creditor. The legal issues before the court included whether leave should be granted to amend the cross-claim to include additional parties and whether service could be effected in New Zealand. The court considered the implications of pending proceedings in the Federal Magistrates Court and a letter from Ms. Walker that seemingly contradicted Mr. Piscopo’s proposed amendment. The court found that the claims related to Mr. Hill’s involvement in the corporations and his ownership of shares, which needed resolution for an overall assessment of BDT’s creditor status.

The reasoning of the court was that there was a sufficient prima facie case for active involvement by Mr. Hill in the corporations’ affairs and his beneficial ownership of shares. The court applied the test for service out of jurisdiction as set out in Ho v Akai Pty Limited (In Liq), confirming that the test was met. It was also found that the joinder of additional parties was appropriate because the claims arose from a common substratum of facts. The unresolved proceedings for Mr. Piscopo's removal did not provide a sound reason to deny the relief sought. The court concluded that the controversy warranted the grant of leave to amend.

The court granted several orders, including leave to file and serve an amended cross-claim joining additional parties and permitting service in New Zealand. The court also allowed service to be effected by specific methods under New Zealand law and set a deadline for service. Additionally, the court granted leave to file an amended defence and cross-claim, stood the proceedings over for directions, and provided liberty to apply for further orders. The costs of the notice of motion were to be borne by the cross-claimant.