Cassegrain v Cassegrain

In the matter of *Cassegrain v Cassegrain*, Ms Cassegrain sought leave from the Court of Appeal of New South Wales to proceed against Gerard Cassegrain & Co Pty Ltd (in liq) in two separate proceedings. The core of the dispute involved Ms Cassegrain's attempts to pursue claims against the company, which was in liquidation, and the liquidator's opposition to these proceedings.

The primary legal issue before the court was whether to grant Ms Cassegrain leave under section 471B of the *Corporations Act 2001* (Cth) to continue her proceedings against the company in liquidation. This required the court to consider whether there was a serious question to be tried in the underlying proceedings and, if so, whether the balance of convenience favoured granting the requested relief.

Leeming JA considered the application for leave to proceed. The court determined that the threshold for granting leave under s 471B was met, indicating that there were serious questions to be tried in the proceedings initiated by Ms Cassegrain. However, the court ultimately refused to grant a stay pending appeal, finding that the balance of convenience did not favour such relief. Consequently, leave was granted for Ms Cassegrain to proceed with her claims, but the notice of motion seeking other relief was dismissed, with Ms Cassegrain ordered to pay the respondents' costs.