Tawfik v Bill [2010] NSWSC 1034

New South Wales Supreme Court

CITATION : Tawfik v Bill [2010] NSWSC 1034

HEARING DATE(S) : 09/09/10

JUDGMENT DATE : 14 September 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Application dismissed.

CATCHWORDS : PROCEDURE - parties' agreement noted by court - oppression proceedings between shareholders - court on a previous occasion noted parties' agreement and made orders by consent - orders include order for purchase by defendants of plaintiffs' shares in two companies at a price calculated by reference to expert's determination of value - parties' agreement concerns instructing of expert to determine value and acceptance of the determination - defendants seek order that plaintiffs and defendants give further instructions to expert - plaintiffs oppose such application - whether court has power to compel variation of parties' agreement - held no source of such power identified

Civil Procedure Act 2005, s 61 Corporations Act 2001 (Cth), ss 232, 233, 461 LEGISLATION CITED : Independent Contractors Act 2006 (Cth), s 16 Industrial Relations Act 1996, s 106 Trade Practices Act 1974 (Cth), s 87

CATEGORY : Principal judgment

Cameron v Cuddy [1914] AC 651 Firedam Civil Engineering Pty Ltd v Shoalhaven City Council [2010] NSWCA 59 Jenolan Caves Resort Pty Ltd v Field [2007] NSWSC 1117 CASES CITED : McGuirk v University of New South Wales [2010] NSWCA 104 Power v Ekstein [2010] NSWSC 472 Scottish Co-operative Wholesale Society Ltd v Meyer [1959] AC 324 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691