In the matter of Camelia Grove Operations Pty Ltd, Public Lifestyle Management Pty Ltd and 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the trustee for 146 Henderson Street Unit Trust (all receivers and managers appointed) (all administrators appointed) [2024] NSWSC 1342

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Camelia Grove Operations Pty Ltd, Public Lifestyle Management Pty Ltd and 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the trustee for 146 Henderson Street Unit Trust (all receivers and managers appointed) (all administrators appointed) [2024] NSWSC 1342 Hearing dates: 21 and 22 October 2024 Date of orders: 21 and 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Injunctive relief granted and ancillary orders made. Catchwords: CORPORATIONS — Injunctions — Whether a mandatory injunction should be ordered on an interlocutory basis — Where the Defendants have taken possession of property used by companies that are in voluntary administration without consent of the voluntary administrators or leave of the Court. Legislation Cited: Corporations Act 2001 (Cth), ss 440B, 441H, 1324 Category: Principal judgment Parties: Duncan Clubb and Andrew Sallway in their Capacities as Joint and Several Administrators of Camelia Grove Operations Pty Ltd, Public Lifestyle Management Pty Ltd and 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the Trustee for 146 Henderson Street Unit Trust (All Receivers and Managers Appointed) (All Administrators Appointed) (First Plaintiff) Camelia Grove Operations Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) (Second Plaintiff) Public Lifestyle Management Pty Ltd (Third Plaintiff) 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the Trustee for 146 Henderson Street Unit Trust (Fourth Plaintiff) Richard Albarran and Kathleen Vouris in their Capacities as Joint and Several Receivers and Managers of 152 Henderson Street Pty Ltd (First Defendant) 152 Henderson Street Pty Ltd (Receivers and Managers Appointed) (Second Defendant) Representation: Counsel: S A Scott (Plaintiffs) (both days) B Payne (Solicitor) (Defendants) (day 2) E L Beechey (Interested Party) (both days)