Chief Commissioner of State Revenue v CCM Holdings Trust Pty Ltd

The Chief Commissioner of State Revenue (the applicant) sought leave to proceed against CCM Holdings Trust Pty Ltd (the respondent company) in the Supreme Court of New South Wales. The dispute arose in the context of the respondent company being subject to a Deed of Company Arrangement. The applicant sought to pursue claims against the company, but this required leave under section 444E of the *Corporations Act 2001* (Cth).

The primary legal issue before the Court was whether the applicant had established reasonably arguable grounds to support the grant of leave to proceed against the respondent company. This involved considering whether any such proceedings would be futile or premature, given the existence of the Deed of Company Arrangement. A secondary issue concerned the applicant's right of appeal to the Supreme Court under section 101(2)(r) of the *Supreme Court Act 1970* (NSW), particularly in light of a monetary threshold and potential non-compliance with filing requirements under the Uniform Civil Procedure Rules 2005.

Gleeson JA dismissed the applicant's applications for leave to proceed. The Court found that the applicant had not demonstrated reasonably arguable grounds to justify granting leave. The reasoning focused on the futility and prematurity of the proposed proceedings in the context of the Deed of Company Arrangement, indicating that the applicant's claims were unlikely to succeed or would be better addressed within the framework of the deed. The Court also addressed the procedural aspects of the appeal, ultimately finding against the applicant.