NSW Caselaw
New South Wales Supreme Court
CITATION : Melewar Steel Ventures Ltd v ANZ Nominees Ltd [2008] NSWSC 295
HEARING DATE(S) : 2 April 2008 JURISDICTION : Equity
JUDGMENT OF : Bergin J
EX TEMPORE JUDGMENT DATE : 2 April 2008
DECISION : Injunction granted restraining defendants from dealing with shares up to 4 pm on 10 April 2008.
CATCHWORDS : [INJUNCTIONS] - application to restrain defendants from disposing of or otherwise dealing with shares the subject of agreement between Malaysian company and stockbroking firm - application to rectify agreement to reflect parties' understanding as described on stockbroker's web page - arrangement between stockbrokers and Bank with same shares used as security - allegations that Bank was on notice of plaintiff's beneficial interest in shares - whether serious issue to be tried - whether damages an adequate remedy - whether shares have special value
LEGISLATION CITED : Corporations Act 2001 (Cth)
CASES CITED : Re Hallett's Estate; Knatchbull v Hallett (1879) 13 Ch D 696
Melewar Steel Ventures Ltd (Plaintiff) PARTIES : ANZ Nominees Ltd (First defendant) Opes Prime Stockbroking Ltd (Second defendant) Australia and New Zealand Banking Group Ltd (Third defendant)
FILE NUMBER(S) : SC 2149 of 2008
VR Gray (Plaintiff) COUNSEL : CR Newlinds SC (First defendant, Third defendant) SD Robb QC (Second defendant)
Slater & Gordon (Plaintiff) SOLICITORS : Minter Ellision (First defendant, Third defendant) Deacons (Second defendant)
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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