Ghedia in his capacity as liquidator of 159 787 783 Painting Pty Ltd (in liq) and 617 503 483 Carpentry Pty Ltd (in liq) v Harris [2026] VSC 511 — Practice And Procedure & Summary Judgment — Barrister AI
Ghedia in his capacity as liquidator of 159 787 783 Painting Pty Ltd (in liq) and 617 503 483 Carpentry Pty Ltd (in liq) v Harris
First Defendant seeks summary dismissal of plaintiff’s claim
Whether plaintiff’s claim has real prospect of success
Quick Take
1Questions of construction of a deed of company arrangement, associated mortgage deed, and the effect of DOCA termination on accrued rights and collateral security obligations are not suitable for summary determination and require a full hearing on the merits.
2The existence of arguable bases that a mortgage deed may create a separate and independent liability (including via a guarantee clause) surviving termination of the underlying DOCA is sufficient to defeat summary judgment, even where the DOCA has terminated and the deed administrator's role has ceased.
3Where a DOCA contains a clause purporting to preserve enforcement rights after termination (here cl 15.4), and the mortgage deed contains parallel payment and guarantee regimes, the interaction of those provisions with s 445H of the Corporations Act raises real questions that cannot be resolved summarily.
