Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 9) [2020] NSWSC 1458

Supreme Court New South Wales

Medium Neutral Citation: Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 9) [2020] NSWSC 1458 Hearing dates: 19 October 2020; further written submissions 20 October 2020 Date of orders: 21 October 2020 Decision date: 21 October 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff's notice of motion of 15 October 2020 dismissed with costs Catchwords: ORDERS AND JUDGMENTS – final orders – application to vary – whether orders made in the absence of the party affected – where party affected a company not separately represented – where shareholders of that party have participated in the proceedings on that party's behalf including in relation to the order in question – whether court had power to make the variation sought – whether court would in any event make the variation sought Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 3) [2019] NSWSC 1759 Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 7) [2020] NSWSC 1060 In the matter of Prismex Technologies Pty Ltd [2013] NSWSC 292 JPMorgan Chase Bank, National Association v Fletcher; Grant Samuel Corporate Finance Pty Ltd v Fletcher (2014) 85 NSWLR 644; [2014] NSWCA 31 Workers Compensation Nominal Insurer v Detailed Flooring Pty Limited [2010] NSWSC 1056 Category: Consequential orders (other than Costs) Parties: James Angelis as trustee for the Angelis Family Trust (First Plaintiff/Second Cross-Defendant on First Cross-Claim/Sixth Cross-Defendant on Second Cross-Claim) Jitendra Dutt (Second Plaintiff/Third Cross-Defendant on First Cross-Claim) Nathan Brown (Third Plaintiff/Fourth Cross-Defendant on First Cross-Claim) Antony Goldsmith (Fourth Plaintiff/Fifth Cross-Defendant on First Cross-Claim) Copiapo Pty Ltd as trustee for FCK Consulting Trust (Fifth Plaintiff/Sixth Cross-Defendant on First Cross-Claim) Pemba Capital Partners Fund I Partnership, LP (First Defendant/First Cross-Claimant on First Cross-Claim/First Cross-Defendant on Second Cross-Claim) Pemba Capital Partners Pty Ltd as trustee for the Castlereagh St (Swan) Co-Investment Trust (Second Defendant/Second Cross-Claimant on First Cross-Claim/Second Cross-Defendant on Second Cross-Claim) Adrian Christopher Kitchin (Third Defendant/Seventh Cross-Defendant on First Cross-Claim/First Cross-Claimant on Second Cross-Claim) Benjamin James Hastie (Fourth Defendant/Eighth Cross-Defendant on First Cross-Claim/Second Cross-Claimant on Second Cross-Claim) Drue Jonathon Giles Castanelli (Fifth Defendant/Ninth Cross-Defendant on First Cross-Claim/Third Cross-Claimant on Second Cross-Claim) Coverforce Holdings Pty Ltd (Sixth Defendant/First Cross-Defendant on First Cross-Claim/Fourth Cross-Defendant on Second Cross-Claim) Resilium BidCo Pty Ltd (Fourth Cross-Claimant on Second Cross-Claim) Resilium OpCo Pty Ltd (Fifth Cross-Defendant on Second Cross-Claim) Representation: Counsel: P Knowles (Plaintiffs) E Bathurst (First and Second Defendants) M R Elliott SC with D Ratnam (Third, Fourth and Fifth Defendants)