Rose v Trend Designs Pty Ltd [2020] NSWSC 675

Supreme Court New South Wales

Medium Neutral Citation: Rose v Trend Designs Pty Ltd [2020] NSWSC 675 Hearing dates: 26 May 2020 Decision date: 01 June 2020 Jurisdiction: Equity Before: Robb J Decision: See pars [40], [43] and [50]. Parties are to consult and provide draft short minutes of order to give effect to these reasons for judgment. Catchwords: CIVIL PROCEDURE — Pleadings — Striking out — No reasonable cause of action or defence – reflexive loss – whether shareholder can claim compensation in oppression suit quantified by reference to personal loss derived from company loss – where it is arguable that claims that would otherwise require leave to maintain a derivative action on behalf of a company under s 237 of the Corporations Act 2001 (Cth) can be maintained in an oppression suit Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: In the matter of JGS Investment Holdings Pty Ltd [2014] NSWSC 1532 Power v Ekstein [2009] NSWSC 130 Power v Ekstein [2010] NSWSC 137; 77 ACSR 302 Category: Procedural and other rulings Parties: Brooke Erin Rose (plaintiff / respondent) Trend Designs Pty Ltd (first defendant / applicant) Shannon Anthony Baranski (second defendant / applicant) John Albert Shirlaw (third defendant / applicant) Shepherd Management Services Pty Ltd (fourth defendant / applicant) Representation: Counsel: M Bennett (plaintiff / respondent) S Wells (defendants / applicants)

Solicitors: Coleman Greig Lawyers (plaintiff / respondent) Equius Legal (defendants / applicants) File Number(s): 2019 / 318337