Offshore and Ocean Engineering Pty Ltd v Greenwich Contractors Pty Ltd

In *Offshore and Ocean Engineering Pty Ltd v Greenwich Contractors Pty Ltd*, the New South Wales Court of Appeal considered an application for leave to appeal from a judge's refusal to adjourn a hearing concerning the winding up of a company. The company was subject to a proposed Deed of Company Arrangement (DOCA). The applicant sought to appeal the decision to refuse the adjournment, arguing that the interests of creditors would be better served by allowing the administration process to continue towards the potential execution of the DOCA.

The primary legal issue before the Court of Appeal was whether the primary judge erred in principle by refusing to grant an adjournment of the winding-up application. This involved determining the criteria for granting leave to appeal in such circumstances and assessing whether the judge had properly considered the interests of the creditors in relation to the proposed DOCA and the timing of the adjournment sought.

The Court of Appeal, comprising Basten and Campbell JJA, reasoned that the judge had not erred in principle. While acknowledging the importance of allowing creditors the opportunity to consider a proposed DOCA, the Court found that the judge had specifically considered the timing of the adjournment request in light of the protracted history of the administration and the uncertainty surrounding the creditors' decision-making process. The Court noted that it was not guaranteed that a decision would be made at the upcoming creditors' meeting, and that disputes could arise. Therefore, the weight to be given to the opportunity for creditors to decide on a DOCA was highly dependent on the specific circumstances, and in this case, did not warrant granting leave to appeal.

Consequently, the application for leave to appeal was dismissed with costs, as was the Notice of Motion.