In the matter of Anna Bay Resort Pty Ltd [2021] NSWSC 156

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Anna Bay Resort Pty Ltd [2021] NSWSC 156 Hearing dates: 25 February 2021 Date of orders: 25 February 2021 Decision date: 25 February 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that the Interlocutory Process is dismissed; order that the proceeds of any contract for sale of the Land be applied, first, in payment of the Company's reasonable costs and disbursements of marketing the sale of that Land, and secondly, in payment of the amount secured by the registered mortgage in favour of National Australia Bank Pty Ltd; order that any remaining proceeds of sale be paid into Court pending further order of the Court. Catchwords: CORPORATIONS – interim injunction – to prevent sale of company's property – no serious question to be tried – no issue of principle Legislation Cited: Corporations Act 2001 (Cth), ss 175, 233, 1324 Real Property Act 1900 (NSW), s 57 Uniform Civil Procedure Rules 2005 (NSW), r 25.11 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Papas v Grave [2013] NSWCA 308 Category: Principal judgment Parties: Timesgarden Pty Limited (First Plaintiff) Wilson Hu (Second Plaintiff) Frank Shi (First Defendant) Wisemans Group Pty Limited (Second Defendant) Anna Bay Resort Pty Limited (Third Plaintiff) Representation: Counsel: Mr G Campbell (Plaintiff) Mr M Rozdal (solicitor) (Defendants)