In the matter of Alberton Investments Pty Ltd [2024] NSWSC 1643

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Alberton Investments Pty Ltd [2024] NSWSC 1643 Hearing dates: 16 December 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Equity - Corporations List Before: Nixon J Decision: Access granted Catchwords: CORPORATIONS — where plaintiff is director of corporate defendants – where plaintiff sought access to specified books and records of corporate defendants for herself and for nominated professional advisers on the basis of a confidentiality undertaking — whether access should be conditional on the giving of an undertaking that any advice by the advisers would be directed to the performance of plaintiff's role as director – whether plaintiff should be prevented from seeking any advice on issues arising in relation to the books and records from her current solicitors Legislation Cited: Corporations Act 2001 (Cth), s 290 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Edman v Ross (1992) 22 SR (NSW) 351 Molomby v Whitehead (1985) 7 FCR 541; [1985] FCA 412 Oswal v Burrup Fertilisers Pty Ltd [2013] FCAFC 9 Re Geneva Finance Ltd; Quigley v Cook (1992) 7 WAR 496; [1992] WASC 209 von Bernstorff v Balamara Resources Limited [2023] FCA 757 Category: Principal judgment Parties: Leonie Margaret Merker (Plaintiff) Raymond Edwin Neilsen (First Defendant) Alberton Investments Pty Ltd (Second Defendant) Engineered Concrete (Qld) Pty Ltd (Third Defendant) Neilsens Concrete Pty Limited (Fourth Defendant) Neilsen Developments Pty Ltd (Fifth Defendant) Neilsens Holdings Pty Ltd (Sixth Defendant) Neilsens Quality Gravels Pty Ltd (Seventh Defendant) NESP (QLD) Pty Ltd (Eighth Defendant) Alberton Holdings QLD Pty Ltd (Ninth Defendant) Neilsen Group Investments Pty Ltd (Tenth Defendant) Neilsen Transport Services Pty Ltd (Eleventh Defendant) Neilsen Estates Pty Ltd (Twelfth Defendant) Neilsen Services Group Pty Limited (Thirteenth Defendant) Representation: Counsel: M Elliott SC w RL Gall (Plaintiff) J Hutton SC w P Springthorpe (Defendants)