Matyear v Prismex Technologies Pty Ltd [2008] NSWSC 677

New South Wales Supreme Court

CITATION : Matyear v Prismex Technologies Pty Ltd [2008] NSWSC 677

HEARING DATE(S) : 1 July 2008 JURISDICTION : Equity

JUDGMENT OF : Austin J

EX TEMPORE JUDGMENT DATE : 1 July 2008

DECISION : Leave granted under s 237; plaintiffs directed to indemnify first defendant for costs of bringing derivative claims; order for joinder of Colin Taggert and X-Position Pty Ltd as defendants; leave to file amended statement of claim.

CATCHWORDS : CORPORATIONS - statutory derivative action - application to amend statement of claim in proceedings for winding up and relief against "oppression", to add derivative claims and join additional defendants - whether it is probable that the company will not itself bring the proceedings, in circumstances where the primary relief is a winding up order and the appointment of a liquidator - best interests of the company, where there has been substantial delay in seeking leave to bring derivative claims

LEGISLATION CITED : Corporations Act 2001 (Cth), s 237

Barnes v Addy (1874) LR 9 Ch App 244 CASES CITED : Hassall v Speedy Gantry Hire Pty Ltd [2001] QSC 327 Talisman Technologies Inc v The Queensland Electronic Switching Pty Limited [2001] QSC 324

John Matyear (First Plaintiff/First Applicant) Metage Pty Ltd (Second Plaintiff/Second Applicant) PARTIES : Prismex Technologies Pty Ltd (First Defendant) Mendela Pty Ltd (Second Defendant/First Respondent) John Ashall (Third Defendant/Second Respondent) Dianne Ashall (Fourth Defendant/Third Respondent)

FILE NUMBER(S) : SC 4546/06