Zamattia v Jainti Pty Ltd (in liq) in its capacity as Trustee of the Zambito Trust

The proceeding involved an appeal by Mr Zamattia against orders made by the primary judge concerning the title to property, brought by Jainti Pty Ltd (in liq) in its capacity as Trustee of the Zambito Trust. The appeal sought to advance a new point not previously raised.

The central legal issue before the Court was whether Mr Zamattia required leave pursuant to section 500(2) of the Corporations Act 2001 (Cth) to proceed with the appeal, and whether an extension of time was necessary. The Court also considered the conditions under which such leave should be granted, particularly in light of the new point being advanced on appeal.

Leeming JA determined that leave to proceed was required and granted it, subject to certain conditions. The Court reasoned that while an appeal against orders concerning title to property generally requires leave, the specific circumstances, including the introduction of a new argument, warranted the granting of leave. However, to mitigate potential prejudice to the liquidator, the Court imposed conditions requiring Mr Zamattia to file an application for leave to appeal within 28 days and to provide security for the liquidator's costs in the sum of $30,000 within the same timeframe. Failure to comply with these orders would allow for an application to dismiss the proceedings.