In the matter of JC Jewels Pty Ltd ACN 628 983 773 [2024] NSWSC 532

Supreme Court New South Wales

Medium Neutral Citation: In the matter of JC Jewels Pty Ltd ACN 628 983 773 [2024] NSWSC 532 Hearing dates: 3 May 2024 Date of orders: 7 May 2024 Decision date: 07 May 2024 Jurisdiction: Equity - Duty List Before: Pike J Decision: (1) The plaintiffs' claim for interlocutory relief set out at paragraphs 5, 9, 10 and 11 of the amended originating process is dismissed. (2) The proceedings are transferred to the Corporations List and listed for directions on Monday 13 May 2024. (3) The parties are to confer and seek to agree an appropriate order as to costs which is to be provided to my Associate by no later than 5 pm on Monday 13 May 2024. Failing agreement, each party is to provide to my Associate by 5 pm on 13 May 2024 any submissions as to costs, such submissions not to exceed 3 pages, whereupon I will determine the question of costs on the papers. Catchwords: CORPORATIONS – members' rights and remedies – oppression – whether conduct is oppressive or unfairly unprejudicial – matter referred to Corporations List for determination and final relief CORPORATIONS – interlocutory application – where plaintiffs seek interim relief of reinstatement – where there is a serious question to be tried – where balance of convenience does not favour reinstatement as appropriate interim remedy – where damages would be an appropriate remedy Legislation Cited: Nil Cases Cited: ABC v Lenah Game Meats (2001) 208 CLR 199 ABC v O'Neill (2006) 227 CLR 57 Goyal v Chandra (2006) 68 NSWLR 313 Harris v Evans [2018] FCA 1856 In the matter of Optimisation Pty Ltd [2018] NSWSC 31 Re Courtesy Real Estate (NSW) Pty Ltd (2013) 96 ACSR 593 Samsung v Apple (2011) 217 FCR 238 Smith Martis Cork & Rajan Pty Ltd v Benjamin Corp Pty Ltd (2004) 207 ALR 136 Texts Cited: Nil Category: Procedural rulings Parties: Craig Miller (First Plaintiff) Lonn Miller (Second Plaintiff) CKM FAMILY Pty Ltd ACN 639 368 755 (Third Plaintiff) JC Jewels Pty Ltd ACN 628 983 773 (First Defendant) Steven Braun (Second Defendant) Vincenzo Bonfa (Third Defendant) Timothy Demmy Sung (Fourth Defendant) Sung Investments Pty Ltd (Fifth Defendant) Teresa Braun (Sixth Defendant) Representation: Counsel: S Phillips (Plaintiffs) G Gee (Defendants)