NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Wholesome Child Holdings Pty Ltd [2023] NSWSC 1530 Hearing dates: 6 December 2023 Date of orders: 6 December 2023 Decision date: 06 December 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Undertakings noted and leave to bring statutory derivative proceedings granted. Catchwords: CORPORATIONS — Statutory derivative action — Application to bring proceedings on behalf of company — Where leave is sought by a director —Whether leave to bring derivative action should be granted — Whether the indemnity provided by the applicant is sufficient. Legislation Cited: - Corporations Act 2001 (Cth), ss 236, 237 - Evidence Act 1995 (NSW), s 136 Cases Cited: - Huang v Wang (2016) 114 ACSR 586; [2016] NSWCA 164 - Mount Gilead Pty Ltd & Hobhouse v Macarthur-Onslow & Ors (2021) 398 ALR 629; [2021] NSWSC 948 - Re Carbon Copies Composites Pty Ltd [2022] NSWSC 1638 - Re Winifred Avenue Pty Ltd [2023] NSWSC 1226 - Re Wonga Pastoral Development Co Pty Ltd [2023] NSWSC 133 - Swansson v RA Pratt Properties Pty Ltd (2002) 42 ACSR 313; [2002] NSWSC 583 Category: Procedural rulings Parties: David Solsky (Plaintiff) Wholesome Child Holdings Pty Ltd (First Defendant) Mandy Sacher (Second Defendant) Representation: Counsel: S Balafoutis SC/C Ernst (Plaintiff) M Collins (Second Defendant)
Solicitors: Morris Mennilli (Plaintiff) Doorkeeper Legal (Second Defendant) File Number(s): 2023/322097
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