Julie Dawn Rhodes v Christine Elizabeth Fletcher & Quasar Professionals ACT Pty Ltd [2000] NSWSC 797

New South Wales Supreme Court

CITATION : Julie Dawn Rhodes v Christine Elizabeth Fletcher & Quasar Professionals ACT Pty Ltd [2000] NSWSC 797 revised - 17/08/2000 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 5117/1999 HEARING DATE(S) : 27 July 2000 and 2 August 2000 JUDGMENT DATE : 11 August 2000

Julie Dawn Rhodes (Plaintiff) PARTIES : Christine Elizabeth Fletcher (First Defendant) Quasar Professionals ACT Pty Limited (Second Defendant) JUDGMENT OF : Bergin J

COUNSEL : N Cotman SC (Plaintiff) R Harper/J Gillespie (Defendants) SOLICITORS : Brown & Partners (Plaintiff) Chamberlains Law Firm (Defendants) CATCHWORDS : Application to remit referred matter to Referee pursuant to Part 72 Rule 13 of the Supreme Court Rules for further consideration and report on basis of failure to afford natural justice. LEGISLATION CITED : Supreme Court Rules; Parts 39 and 72 Xuereb & Anor v Viola & Ors (1989) NSWLR 453 CASES CITED : Ceccattini v ICM 2000 Pty Ltd [1999] NSWSC 453 (Santow J, 17 May 1999) Ceccattini v ICM 2000 Pty Ltd [1999] NSWSC 1196 (Santow J, 8 December 1999) Telecomputing PCS Pty Ltd & Ors v Bridge Wholesale Acceptance Corporation (Aust) Ltd (1991) 24 NSWLR 513 DECISION : Matter remitted to referee for further consideration and report.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BERGIN J

FRIDAY 11 AUGUST 2000

5117/1999 - JULIE DAWN RHODES v CHRISTINE ELIZABETH FLETCHER & QUASAR PROFESSIONALS ACT PTY LIMITED

JUDGMENT Introduction

1 The plaintiff, Julie Dawn Rhodes, and the first defendant, Christine Elizabeth Fletcher, are the two shareholders of the second defendant, Quasar Professionals ACT Pty Limited. The second defendant was incorporated on 21 February, 1994 and carries on business in the Australian Capital Territory of placement of personnel in the Information & Technology (IT) Industry. 2 In 1999 disputation arose between the plaintiff and the first defendant and the plaintiff commenced these proceedings on 20 December 1999. The proceedings were in the nature of an oppression suit and the plaintiff sought an order that the first defendant purchase the plaintiff's share in the second defendant. 3 The plaintiff and the first defendant reached agreement and on 22 February 2000 Bryson J made Consent Orders (the Orders) including the following: 1. There be remitted to Greg Hollands, an accountant or failing agreement by him to the appointment within 14 days to a CPA nominated by the President of the Society of Accountants or chartered accountant nominated by the President of the Institute of Chartered Accountants in Australia or such other party as they agree regarding the question, what is the fair market value of the plaintiff's shares in Quasar Professionals ACT Pty Limited ACN 063 618 548, such valuation to be conducted as at date nominated in writing to the said accountant by the solicitors for Ms Rhodes within 14 days of his appointment being a date on or after 1 October 1998 and in default of such nomination, 1 October 1998.