In the matter of Jimmy’s Recipe Pty Ltd (No 3) [2020] NSWSC 766

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jimmy's Recipe Pty Ltd (No 3) [2020] NSWSC 766 Hearing dates: On the papers Decision date: 19 June 2020 Jurisdiction: Equity Before: Leeming JA Decision: 1. The plaintiff to pay, or cause to be repaid to the fifth defendant the sum of $50,000, plus interest of $566, within 7 days of today. 2. Liberty to apply on 2 days' notice in respect of order 1. 3. The plaintiff to pay the fifth defendant's costs of the application for further orders. 4. No order as to costs of and incidental to the plaintiff's Interlocutory Process filed on 6 April 2020. 5. No order as to costs of and incidental to the fifth defendant's Interlocutory Process filed on 13 April 2020 (as amended on 8 May 2020). 6. Stand the proceedings into the Corporations List on Monday 29 June 2020 at 10 am for further directions. Catchwords: ORDERS – consequential orders for return of money paid pursuant to Settlement Deed – litigation conducted on basis that money would be returned – final orders made on that basis – plaintiff sought to retain money – plaintiff ordered to repay Cases Cited: Baltic Shipping Co v Dillon (1993) 176 CLR 344; [1993] HCA 4 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353; [1992] HCA 48 Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32 In the matter of Jimmy's Recipe Pty Ltd (No 2) [2020] NSWSC 632 Lumbers v W Cook Builders Pty Ltd (in liq) (2008) 232 CLR 635; [2008] HCA 27 Re Australian Elizabethan Theatre Trust (1991) 30 FCR 491 Category: Consequential orders (other than Costs) Parties: Gek Sim Tsia (Plaintiff, Applicant on interlocutory process filed 6 April 2020) Jimmy's Recipe Pty Ltd (Administrators Appointed) (First Defendant) Jimmy's Recipe Gateway Pty Ltd (Second Defendant) Alwin Nan Chu Chong (Third Defendant) Norannie Chong (Fourth Defendant) Chee Wee Seow (Fifth Defendant, Applicant on interlocutory process filed 13 April 2020) Representation: Counsel: D Smallbone, W Chan (Gek Sim Tsia) P H Greenwood SC, P Dodson (Chee Wee Seow)