In the matter of Bakers Extra Pty Ltd [2017] NSWSC 1257

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bakers Extra Pty Ltd [2017] NSWSC 1257 Hearing dates: 4 October 2017 Date of orders: 4 October 2017 Decision date: 04 October 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Plaintiff have leave under (CTH) Corporations Act 2001, s 237 to bring specified proceedings Catchwords: CORPORATIONS – Practice and procedure – Application by director and shareholder for leave to bring proceedings in name of company against director and employee – Whether proceedings in bests interests of company – Whether proceedings brought in good faith – All criteria satisfied – Leave granted CORPORATIONS – Practice and procedure – Application for setting aside of search order – No cause to set aside order Legislation Cited: (CTH) Corporations Act 2001, s 237 Cases Cited: Columbia Pictures Industries Inc v Robinson [1987] Ch 38 Digital Equipment Corporation v Darkcrest Limited [1984] Ch 512 Maher v Honeysett & Maher Electrical Contractors [2005] NSWSC 859 Mathews Capital Partners Pty Limited v Coal of Queensland Holdings Limited [2012] NSWSC 462 Mycorp Group Pty Limited, In the matter of [2013] NSWSC 1344 Swansson v R.A. Pratt Properties Pty Limited [2002] NSWSC 583 Thermax v Schott Industrial Glass Limited [1981] FSR 289 Category: Principal judgment Parties: Van Hung Le (plaintiff) Ban Ly (first defendant) David Digiaro (second defendant) Michael Digiaro (third defendant) Buonissimo Bakery (Australia) Pty Ltd (fourth defendant) Bakers Extra Pty Ltd (fifth defendant) Representation: Counsel: R A Parsons (plaintiff) N Simpson (first and second defendants) J Merkel (third and fourth defendants)