Mir v Mir (No 2) [2024] NSWSC 791

Supreme Court New South Wales

Medium Neutral Citation: Mir v Mir (No 2) [2024] NSWSC 791 Hearing dates: 30 May 2024 Decision date: 28 June 2024 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) By 12 July 2024 each party provide to my Associate and serve on each other separately represented party proposed short minutes of order giving effect to these reasons for judgment and setting out the order for costs that they seek together with an outline of written submissions not exceeding 3 pages dealing with the question of costs; (2) Stand the matter over to 19 July 2024 or such other date as is agreed with my Associate. Catchwords: CONTRACTS — Terms — Where terms of agreement between parties are inferred by parties' conduct — Where parties disagree on scope of agreement — Where parties seek declarations concerning terms of the agreement EQUITY — Trusts and trustees — Court's supervision of — Appointment and removal of trustees — Application of section 70 of Trustee Act 1925 (NSW) — Application of Miller v Cameron (1936) 54 CLR 572 — Where circumstances of trust management do not justify removal of trustees Legislation Cited: Corporations Act 2001 (Cth) Partnership Act 1892 (NSW) Trustee Act 1925 (NSW) Cases Cited: Miller v Cameron (1936) 54 CLR 572 Mir v Mir [2023] NSWSC 408 Welker v Rinehart [2012] NSWSC 1330 Category: Consequential orders Parties: John Mir (First Plaintiff | First Cross Defendant on Cross-Claim) John Mir Holdings Pty Ltd (Second Plaintiff) Samuel Mir (Third Plaintiff) Acclaim (Australia) Pty Ltd (Fourth Plaintiff | Thirty Sixth Defendant) Marie Mir (Fifth Plaintiff | Second Cross Defendant on Cross-Claim) Leo Mir as executor of the Estate of the late George Mir (First Defendant | Cross Claimant) Anthony Mir (Second Defendant | Third Cross Defendant on Cross-Claim) Mir Bros Unit Constructions Pty Ltd (Third Defendant) Mir Bros Community Planning Pty Ltd (Fourth Defendant) Mir Bros West Side Investments Pty Ltd (Fifth Defendant) Mir Bros Residential Development Pty Ltd (Sixth Defendant) Mir Bros Rural and Urban Industries Pty Ltd (Seventh Defendant) GM Amalgamated Investments (Dulwich Hill) Pty Ltd (Eighth Defendant) JM Associated Investments (Dulwich Hill) Pty Ltd (Ninth Defendant) Demalle Corporation Pty Ltd (Tenth Defendant) Mir Bros Enterprises Pty Ltd (Eleventh Defendant) Mir Bros Constructions Pty Ltd (Twelfth Defendant) Southern Highlands Pastoral Pty Ltd (Thirteenth Defendant) Sheraton Homes Pty Ltd (Fourteenth Defendant) Mir Brothers Developments Pty Ltd (Fifteenth Defendant) Mir Bros Trading Co Pty Ltd (Sixteenth Defendant | Seventh Cross Defendant on Cross-Claim) Samuel Mir Pty Ltd (Seventeenth Defendant) Mirco Finance Pty Ltd (Eighteenth Defendant | Sixth Cross Defendant on Cross-Claim) Mir Bros (Hollywood Creations) Pty Ltd (Nineteenth Defendant | Eighth Cross Defendant on Cross-Claim) Mir Bros Holdings Pty Ltd (Twentieth Defendant) Mir Bros Properties Pty Ltd (Twenty First Defendant) Mir Bros Real Estate Pty Ltd (Twenty Second Defendant) Mir Bros Industries Pty Ltd (Twenty Third Defendant | Fifth Cross Defendant on Cross-Claim) Regot Pty Ltd (Twenty Fourth Defendant) Mir Bros High Rise Apartments Pty Ltd (Twenty Fifth Defendant | Fourth Cross Defendant on Cross-Claim) Mir Group Holding Company Pty Ltd (Twenty Sixth Defendant) Mircorp (Australia) Pty Ltd (Twenty Seventh Defendant) Mir Group of Companies Pty Ltd (Twenty Eighth Defendant) Mir Group Pty Ltd (Twenty Ninth Defendant) Glenmore Rural Pty Ltd (Thirtieth Defendant) Jedda Farm Pty Ltd (Thirty First Defendant) Leafs Gully Farm Pty Ltd (Thirty Second Defendant) Pommier Enterprises Pty Ltd (Thirty Third Defendant) Mir Bros Investments Pty Ltd (Thirty Fourth Defendant) Mirage Real Estate Pty Ltd (Thirty Fifth Defendant) George Mir Holdings Pty Ltd (Thirty Seventh Defendant) Anthony Mir Holdings Pty Ltd (Thirty Eighth Defendant) Anthony Charles Mir (Thirty Ninth Defendant) Sidney Mir (Fortieth Defendant) Stephen Mir (Forty First Defendant) David Mir (Forty Second Defendant) Mary Mir (Forty Third Defendant) Leo Mir (Forty Fourth Defendant) Representation: Counsel: J Hutton SC and J Pokoney (Plaintiffs | First and Second Cross Defendants) MR Elliott SC with AR Langshaw (First, Thirty Seventh and Forty Fourth Defendants | Cross-Claimant) CN Bova SC with B Michael (Second to Thirty Sixth and Thirty Eighth Defendants | Third to Eighth Cross Defendants)