NSW Caselaw
New South Wales Supreme Court
CITATION : McNeill v Hearing & Balance [2007] NSWSC 942 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 15 August 2007 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 15 August 2007
DECISION : Inspection of books and access to trustee's records ordered
CATCHWORDS : CORPORATIONS – EQUITY – Application under s 247A of the Corporations Act 2001 (Cth) by shareholder in company trustee for order to inspect its books – Application by unitholder in unit trust of which company is trustee for access to its records – Suspicion that company sold business of trust at undervalue to entity associated with other shareholder beneficiaries – Application in good faith and for proper purpose – As beneficiary unitholder entitled to access trustee's records
LEGISLATION CITED : Corporations Act 2001 (Cth) Companies Act 1899
Quinlan v Vital Technology Australia Limited (1987) 5 ACLR 389 Barrack Mines Ltd v Grants Patch Mining Ltd (1987) 12 ACLR 357 CASES CITED : Barrack Mines Ltd v Grants Patch Mining Ltd (No.2) [1988] 1 Qd R 606 Edman v Ross (1922) 22 SR (NSW) 351 Spellson v George (1987) 11 NSWLR 300
PARTIES : Celene McNeill & Or Hearing and Balance Centre Pty Ltd
FILE NUMBER(S) : SC 1906/2007
COUNSEL : J. Stoljar with J.K. Taylor (Plaintiffs) M. O'Neill (Solicitor) (Defendant)
SOLICITORS : TressCox Lawyers (Plaintiffs) NOT Lawyers (Defendant)
- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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