Mir v Mir (No 3) [2024] NSWSC 899

Supreme Court New South Wales

Medium Neutral Citation: Mir v Mir (No 3) [2024] NSWSC 899 Hearing dates: 19 July 2024 Decision date: 25 July 2024 Jurisdiction: Equity - Commercial List Before: Ball Decision: (1) The Court declares that the "Mir Group" comprises: (a) each of the companies, trusts and partnerships listed in Schedules 2, 3 and 4 to the Second Further Amended Commercial List Statement filed on 3 March 2022; and (b) the trust settled by deed dated 27 August 1979 and known as "The J & M Trust" (J&M Trust); (2) The Court declares that the property of the J&M Trust includes the part of the land within Lot 2 of DP1233624, Lot 1 of DP81599 and Lot 1 of DP542997, as well as Lot 72 of DP 262729, that is shown as the shaded area on the plan comprising Annexure A to the resolution of trustees of the J&M Trust dated 29 November 1979; (3) The Court declares that there is an agreement between all parties to these proceedings that: (a) the profits of the Mir Group will be distributed equally between the three immediate families of Anthony Mir, the late George Mir and John Mir; and (b) any decision concerning the business carried on by the Mir Group can only be made with the agreement of each of Anthony Mir, Leo Mir and John Mir or in each case, a nominee of Anthony Mir, Leo Mir and John Mir; (4) The Court notes that the declarations at order 3 above are not intended, and do not operate, to alter any delegation that may presently exist. The practical effect of this notation is to confirm that, if and to the extent a party presently has authority delegated to them to perform a function, that authority remains undisturbed by the making of the declaration in order 3(b) above; (5) The plaintiffs are to pay the defendants' costs up to and including 21 April 2023; (6) The parties are to bear their own costs from 22 April 2023; (7) Liberty to any party within 14 days of the date of this judgment to apply to vary order 3(b). Catchwords: COSTS — No issues of principle Cases Cited: Mir v Mir [2023] NSWSC 408 Mir v Mir (No 2) [2024] NSWSC 791 Category: Costs 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) 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 | Third Cross Defendant on Cross-Claim) 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 (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)