Land and Enviro Corp v HHT Huntley Heritage Pty Ltd

The case of *Land and Enviro Corp v HHT Huntley Heritage Pty Ltd* involved an application by Mr Mateljan, purporting to act as controller of Land and Enviro Corp (LEC), for relief concerning an appeal. The dispute centred on Mr Mateljan's authority to conduct the appeal proceedings on behalf of LEC and related procedural matters. The decision was made by Meagher JA.

The court was required to determine several key issues. These included the source of Mr Mateljan's authority to bring and maintain the appeal in LEC's name, the basis for his claim to have taken possession of the choses in action and other rights forming the subject of the appeal, and the grounds upon which LEC could continue the appeal proceedings without legal representation, pursuant to UCPR r 7.1. Additionally, the court needed to consider whether Mr Zdrilic should be permitted to appear for LEC, given his prior directorship and bankruptcy.

Meagher JA directed Mr Mateljan to file and serve written submissions addressing these specific points, along with any further evidence supporting his notice of motion. The court also set timelines for the respondents to file their evidence and submissions, and for Mr Mateljan to file his replies. Furthermore, the respondents were directed to file any application for security for costs, with subsequent deadlines for evidence and submissions from both parties regarding this application. The applicant's motion was ultimately stood over for further directions before the Registrar.