Cunnington Investments Pty Ltd, in the matter of Deep Creek Marina Hotel Pty Ltd v Matheson [2009] FCA 1529

FEDERAL COURT OF AUSTRALIA

Cunnington Investments Pty Ltd, in the matter of Deep Creek Marina Hotel Pty Ltd v Matheson [2009] FCA 1529

PRACTICE AND PROCEDURE – interlocutory injunctions – relevant principles – whether serious question to be tried – Stakeholders Agreement – whether breach of director's duties – whether undertakings by defendants should be accepted – balance of convenience. Corporations Act 2001 (Cth): ss 180, 181, 182, 233(1)(c), 233(1)(j)

Castlemaine Tooheys Limited v State of South Australia (1986) 161 CLR 148, followed PatrickStevedoresOperationsNo 2PtyLtdv Maritime Union of Australia (1998)195CLR1, cited Fejo v Northern Territory (1998) 195 CLR 96, cited

IN THE MATTER OF DEEP CREEK MARINA HOTEL PTY LTD (ACN 128 646 917) CUNNINGTON INVESTMENTS PTY LTD (ACN 079 055 146) AS TRUSTEE FOR THE TERRY CUNNINGTON FAMILY TRUST, LEE RAMON CUNNINGTON AS TRUSTEE FOR THE LEE CUNNINGTON FAMILY TRUST, BRODERICK CHRISTOPHER FENLON AS TRUSTEE FOR THE B&J FENLON FAMILY TRUST, JANETTE MAREE FENLON AS TRUSTEE FOR THE B&J FENLON FAMILY TRUST, WALTER INGEMARE ORTNER AS TRUSTEE FOR THE W&C ORTNER FAMILY TRUST, CRISTINA ROSALIA ORTNER AS TRUSTEE FOR THE W&C ORTNER FAMILY TRUST, DANIEL EDWARD SHEEAN AS TRUSTEE FOR THE D&A SHEEAN FAMILY TRUST and ANDREA RENEE SHEEAN AS TRUSTEE FOR THE D&A SHEEAN FAMILY TRUST v IAN ROHAN MATHESON, MATHESON PROPERTY INVESTMENTS PTY LTD (ACN 119 564 055) AS TRUSTEE FOR THE MATHESON INVESTMENT TRUST, IC HIRE PTY LTD (ACN005408793)andDEEPCREEKMARINAHOTELPTYLTD(ACN 128 646 917)

VID 879 of 2009 IN THE MATTER OF DEEP CREEK SUPERMARKET PTY LTD (ACN 128 646 147) CUNNINGTON INVESTMENTS PTY LTD (ACN 079 055 146) AS TRUSTEE FOR THE TERRY CUNNINGTON FAMILY TRUST, LEE RAMON CUNNINGTON AS TRUSTEE FOR THE LEE CUNNINGTON FAMILY TRUST, BRODERICK CHRISTOPHER FENLON AS TRUSTEE FOR THE B&J FENLON FAMILY TRUST, JANETTE MAREE FENLON AS TRUSTEE FOR THE B&J FENLON FAMILY TRUST, WALTER INGEMARE ORTNER AS TRUSTEE FOR THE W&C ORTNER FAMILY TRUST, CRISTINA ROSALIA ORTNER AS TRUSTEE FOR THE W&C ORTNER FAMILY TRUST, DANIEL EDWARD SHEEAN AS TRUSTEE FOR THE D&A SHEEAN FAMILY TRUST and ANDREA RENEE SHEEAN AS TRUSTEE FOR THE D&A SHEEAN FAMILY TRUST v IAN ROHAN MATHESON, MATHESON PROPERTY INVESTMENTS PTY LTD (ACN 119 564 055) AS TRUSTEE FOR THE MATHESON INVESTMENT TRUST, IC HIRE PTY LTD (ACN005408793)andDEEPCREEKSUPERMARKETPTYLTD(ACN 128 646 147)