Hosking v Extend N Build Pty Ltd (No 2)

The Court of Appeal of New South Wales considered an application concerning the form of orders to give effect to a prior appeal judgment. The dispute arose between the appellants, including the third appellant, and the respondents, including the sixth respondent, following an earlier appeal decision. The central issue was how to implement the appeal judgment when the parties had not provided short minutes of order, and one member of the original appellate bench was no longer a member of the Court.

The court was required to determine whether it was appropriate to reconstitute a new bench to settle the orders, given the absence of one of the original judges. Furthermore, the court had to consider the appropriate form of order in relation to an unfair preference claim, specifically in the context of section 588FF(1)(a) of the *Corporations Act 2001* (Cth).

The court reasoned that reconstituting a new bench was the appropriate course of action to settle the orders, as the original bench was no longer constituted. The court then proceeded to make orders giving effect to the prior appeal judgment. The third appellant was awarded judgment against the sixth respondent in the sum of $91,978.00.