POMFRET & ORS v. CUMBERLAND & ANOR [2000] NSWSC 400

Reported Decision : (2000) 34 ACSR 614

New South Wales Supreme Court

CITATION : POMFRET & ORS v. CUMBERLAND & ANOR [2000] NSWSC 400 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1108/00 HEARING DATE(S) : 10/05/2000 JUDGMENT DATE : 10 May 2000

Philip Edward Pomfret - First Plaintiff Richard Highland - Second Plaintiff Julio Cesar Labraga - Third Plaintiff Two Lands Group Pty Ltd - Fourth Plaintiff PARTIES : Two Lands Advertising Pty Ltd - Fifth Plaintiff Two Lands Services Pty Ltd - Sixth Plaintiff Two Lands Property Pty Ltd - Seventh Plaintiff Two Lands Development Pty Ltd - Eighth Plaintiff Ronald James Cumberland - Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : N. Cotman SC/J. Priestley for Plaintiffs R. Dubler/N. Beaumont for Defendants SOLICITORS : McCabes Lawyers for Plaintiffs Frank G. Kalyk for Defendants CATCHWORDS : CORPORATIONS - interlocutory injunction sought restraining the passing of a resolution proposed in notice of extraordinary general meeting - resolution purported to vest unit trust and distribute assets to unitholders - principal litigation seeks winding up of companies on ground of oppression - whether directors had power to make resolution - whether applicant for injunction had standing as director to enforce Unitholders Agreement - whether resolution in breach of Unitholders Agreement - application refused - appointment of provisional liquidator refused - PRACTICE AND PROCEDURE - Mareva order restraining dealings with term deposit - application to vary order to allow use of funds for purchase of property and mortgage in favour of bank - application refused as enforcement would be unduly complex DECISION : See para.26