Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brosnan v Katke (No 2) [2013] FCA 835 Citation: Brosnan v Katke (No 2) [2013] FCA 835
Parties: MICHAEL BROSNAN, LEON BROSNAN, MARY BROSNAN, ALAN GEE, ALAN BAWDEN GRANT, BARBARA LEE GRANT, ALAN DAVID GRANT, MICHAEL CURLEY and GRAEME JOINER v JEFFREY JAMES KATKE, METAGENICS AUSTRALIA PTY LTD (ACN 113 937 572), METAGENICS INC and JEFFREY BLAND
File number: QUD 384 of 2012
Judge: COLLIER J
Date of judgment: 16 August 2013
Catchwords: DISCOVERY – application for interlocutory injunction to restrain respondents from entering premises of third-party company – applicants claim they were misled into selling shares in company to respondents – applicants and respondents both claim right to discover documents held by company – where applicant directors manage company on day-to-day basis – where respondents the controlling shareholders in company and need order of board of directors of company to enter premises – where company records contain privileged information of applicants – whether serious question to be tried – whether balance of convenience favours applicants discovering documents – prejudice to parties – no allegation by respondents that applicants would destroy relevant documents or fail to discover them CORPORATIONS – reasonable inference that majority of directors are nominee directors of controlling shareholder
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