LDT O'Brien Property Group Pty Ltd v Trustworthy Nominees Pty Ltd [2023] NSWSC 1100

Supreme Court New South Wales

Medium Neutral Citation: LDT O'Brien Property Group Pty Ltd v Trustworthy Nominees Pty Ltd [2023] NSWSC 1100 Hearing dates: 31 August 2023 Decision date: 12 September 2023 Jurisdiction: Equity - Real Property List Before: Ball J Decision: (1) The Cupid Factory Pty Ltd (ACN 147 722 576) and Yixin Meng each be joined as a defendant to this proceeding; (2) The plaintiffs have leave to file and serve a second further amended statement of claim in the form attached to the plaintiffs' submissions filed on 17 August 2023 with the deletion of paragraphs 30 to 38 (both inclusive) and of the heading immediately above paragraph 30; (3) The plaintiffs pay the first defendant's costs of and incidental to the relief sought in paragraphs 1, 2 and 6 of the notice of motion filed on 21 October 2022; (4) The plaintiffs pay 50 percent of the second and third defendants' costs of and incidental to the relief sought in paragraphs 1, 2 and 6 of the notice of motion filed on 21 October 2022; (5) The notice of motion otherwise be dismissed. (6) The matter be stood over before the Real Property List Judge for directions on 15 September 2023. Catchwords: LAND LAW — Mortgages — Interim Management Order — Whether Manager engaged in conduct which necessitated vacation of the management order — Where business conducted through other corporate entity — Business continued to be operated for the benefit of the party in possession — Conduct not of a kind requiring vacation of the Order Legislation Cited: Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Real Property Act 1900 (NSW) Category: Procedural rulings Parties: LDT O'Brien Property Group Pty Ltd (First Plaintiff | First Applicant) The Original Ettamogah Pub Pty Ltd (Second Plaintiff | Second Applicant) Southern Equity Pty Ltd (Third Plaintiff | Third Applicant) Trustworthy Nominees Pty Ltd (First Defendant | First Respondent) Edward River Hotel Pty Ltd (Second Defendant | Second Respondent) Keith William Blackney (Third Defendant | Third Respondent) Representation: Counsel: RJ Boadle (Plaintiffs | Applicants) A Di Francesco (First Defendant | First Respondent) S Clarke (Second and Third Defendants | Second and Third Respondents)