Federal Court of Australia
Federal Court of Australia Vitnell v Vellenga, in the matter of Australian Carers Pty Ltd [2024] FCA 1492 File number:
Judgment of: CHARLESWORTH J
Date of judgment: 17 December 2024
Date of publication of reasons: 19 December 2024
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction – plaintiff and first defendant co-directors of three companies – plaintiff alleging breach of directors' duties and oppression contrary to the Corporations Act 2001 (Cth) – contravening conduct said to include the unilateral change to signatory authorisation on the companies' bank accounts and denial of access to a server – sufficient question to be tried in relation to the facts alleged – whether the alleged conduct presents an urgent threat to the interests of the plaintiff in any capacity in which he may sue – relief not shown to be urgent – damages a sufficient remedy – application refused
Legislation: Corporations Act 2001 (Cth) ss 180, 181, 182, 232, 233, 234
Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Limited v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Cases cited: LL Up Pty Ltd v Kegland Distribution Pty Ltd [2024] VSC 651 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238 Wayde v New South Wales Rugby League Ltd (1985) 180 CLR 459
Division: General Division
Registry: South Australia
National Practice Area:
Sub-area:
Number of paragraphs: 70
Date of hearing: 16 December 2024
Counsel for the Plaintiff: Mr Edwards-Wilson KC
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