Australian Unity Funds Management Limited v NorthWest Healthcare Australia Re Limited [2021] NSWSC 731

Supreme Court New South Wales

Medium Neutral Citation: Australian Unity Funds Management Limited v NorthWest Healthcare Australia Re Limited [2021] NSWSC 731 Hearing dates: 17 June 2021 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Meeting adjourned until 19 July 2021 at 10:00 am. Catchwords: CORPORATIONS — Meeting of members — Adjournment of meeting — Whether Court has power to make orders sought — Whether just and equitable — Whether substantial injustice would be caused. Legislation Cited: - Corporations Act 2001 (Cth), ss 252D, 1319, 1322 Cases Cited: - National Roads and Motorists' Association Ltd (NRMA) v Parkin (2004) 49 ACSR 386; [2004] NSWSC 296 - Woolworths Ltd v GetUp Ltd (2012) 90 ACSR 670; [2012] FCA 726 Category: Procedural rulings Parties: Australian Unity Funds Management Limited (Plaintiff/First Cross-Defendant) NorthWest Healthcare Australia Re Limited (Defendant/Cross-Claimant) Australian Unity Strategic Holdings Pty Limited (Second Cross-Defendant) Australian Unity Limited (Third Cross-Defendant) Dexus Funds Management Limited (Fourth Cross-Defendant) Representation: Counsel: P Crutchfield QC/J Rudd (Plaintiff/First Cross-Defendant) T Wong SC/S Hartford-Davis (Defendant/Cross-Claimant) I M Jackman SC (Second and Third Cross-Defendants) M Izzo (Fourth Cross-Defendant)

Solicitors: Herbert Smith Freehills (Plaintiff/First Cross-Defendant) Ashurst (Defendant/Cross-Claimant) Allens (Second and Third Cross-Defendants) King & Wood Mallesons (Fourth Cross-Defendant) File Number(s): 2021/166157