In the matter of Plassey Pty Limited [2024] NSWSC 1546

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Plassey Pty Limited [2024] NSWSC 1546 Hearing dates: 10, 12 September 2024; 8 November 2024; further evidence and submissions 22 and 26 November 2024; 5 December 2024 Date of orders: 5 December 2024 Decision date: 05 December 2024 Jurisdiction: Equity - Corporations List Before: Nixon J Decision: (1) The Originating Process filed 7 November 2023 is dismissed. (2) There be no order as to the costs of the proceeding. Catchwords: CORPORATIONS – winding up – where plaintiff sought winding up of company on just and equitable ground – where company was a closely held family company – where plaintiff contended that winding up order should be made because the relationship with her other family members had broken down and she was unable to sell her shares and end her involvement of company – where subsequent to initial hearing of application plaintiff accepted a buy-back offer and ceased to be a member of the company – where parties unable to agree on form of orders resolving proceeding – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 91 Corporations Act 2001 (Cth), s 461 Cases Cited: In the matter of Indoor Climate Technologies Pty Ltd – Daher v Indoor Climate Technologies Pty Ltd [2018] NSWSC 1203 Category: Principal judgment Parties: Jamila Maxwell (Plaintiff) Plassey Pty Limited (First Defendant) Marius Maxwell (Second Defendant) Ian Howard Maxwell (Third Defendant) Evelyn Mary Maxwell (Fourth Defendant) Representation: Counsel: E McMahon (10, 12 September 2024) J Maxwell (Self-Represented) (8 November 2024, 5 December 2024) (Plaintiff) RA Parsons (Defendants)