Salyer v Sheahan and Lock, in the matter of SK Foods Australia Pty Ltd

REASONS FOR JUDGMENT 1 On 15 December 2011, this proceeding was commenced by originating application. The first plaintiff is Scott Salyer, as trustee for SSC&L 2007 Trust. The second plaintiff is Fast Falcon LLC. The first defendants (the Liquidators) are the liquidators of SK Foods Australia Pty Limited. The second defendant is Bradley Sharp, as trustee in bankruptcy of SK Foods LP, a California limited partnership. 2 By the originating application, the plaintiffs sought orders that a decision of the Liquidators, relating to a proof of debt filed by Mr Sharp, be set aside, and that that proof of debt be wholly rejected. They also sought orders that the decision of the Liquidators relating to a proof of debt filed by Fast Falcon LLC, in the amount of $18,452,631, be set aside, and that that proof of debt be accepted. Other alternative orders were sought, as well as interlocutory relief. 3 On 4 April 2012, orders were given for the management and further advancement of the proceeding, including orders for the filing of documents intended to crystallise the contentions of the parties and the issues between them. On 30 April 2012, further directions were made, varying the directions made on 4 April 2012. None of those directions has been complied with. On 30 April 2012, the proceeding was fixed for hearing before me on 30 May and 4 June 2012. In the meantime, on 7 May 2012, the solicitors on the record for the plaintiffs filed notices of ceasing to act. 4 On 9 May 2012, Mr Sharp filed an interlocutory application seeking orders that the proceeding be dismissed, and that the plaintiffs pay the defendants' costs on an indemnity basis. Notice of that interlocutory application was served directly on the plaintiffs, who are resident in the United States of America. The hearing listed on 30 May 2012 was vacated by the Court, on the basis that it would be conducted on the second day that had previously been fixed, namely today, 4 June 2012. 5 When the matter was called on for hearing today, there was, unsurprisingly, no appearance for the plaintiffs. In the circumstances, I consider that it is appropriate to accede to the application made in the interlocutory application of 9 May 2012, and I propose to make orders accordingly. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.