Cyclopharm Ltd v Morcos (No 3) [2024] NSWSC 801

Supreme Court New South Wales

Medium Neutral Citation: Cyclopharm Ltd v Morcos (No 3) [2024] NSWSC 801 Hearing dates: 27 June 2024 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Equity - Duty List Before: Meek J Decision: Orders made for release or transfer of seized property to a secure storage site agreed between the active parties, in addition to further ancillary orders. Catchwords: CIVIL PROCEDURE — Interim preservation — Search orders — Subsequent ancillary arrangements — Plaintiffs obtained search orders pursuant to which certain property was seized and held by independent solicitors — Independent solicitors no longer wished to hold the property — Certain of the property, which included medical imaging equipment, may be property in respect of which fourth defendant has a claim — Plaintiffs' proposed regime for release or transfer of property to a secure storage site agreed between actives parties presented as a sensible, balanced and fair arrangement CIVIL PROCEDURE — Parties — Fourth defendant did not file any notice of appearance since the proceedings were commenced, nor take any active part in the proceedings — In the circumstances, the proposed regime for release or transfer of the property to a secure storage site, which requires prior notice to be given to the fourth defendant, gave him an opportunity to make whatever claim he may wish to make Category: Procedural rulings Parties: Cyclopharm Ltd (First Plaintiff) Cyclomedica Australia Pty Ltd (Second Plaintiff) Nabil Morcos (First Defendant) HZM Pty Ltd (Second Defendant) Charles Francis Buttigieg (Third Defendant) Richard Frank Gotch (Fourth Defendant) Michael Jian Guo (Fifth Defendant) David Thomas Rundell (Sixth Defendant) Landauer Australasia Pty Ltd (Seventh Defendant) Landauer Radiopharmaceuticals Pty Ltd (Eighth Defendant) Björn Altmann (Ninth Defendant) Almedis Altmann GmbH (Tenth Defendant) Vent-Medis GmbH (Eleventh Defendant) Venti-Sys Oz Pty Ltd in its own capacity and atf the Venti-Sys Oz Trust (Twelfth Defendant) Representation: Counsel: S Keizer (Plaintiffs)