NSW Caselaw
New South Wales Supreme Court
CITATION : Supercar International Holdings Ltd v Timothy Sommers & anor [2009] NSWSC 1488
HEARING DATE(S) : 9 November 2009 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 9 November 2009
DECISION : Statement of Claim struck out – freezing order dissolved – report into financial statues of company ordered.
CATCHWORDS : PROCEDURE – application to strike out Statement of Claim –many defects in pleadings - Statement of Claim struck out with leave to replead. Where plaintiff seeks reconstitution of proceedings so that defendant becomes plaintiff – where not a proper basis to remove plaintiff - INJUNCTIONS - Application for dissolution of freezing order – where prima facie undertaking as to damages is inadequate – where no serious risk of dissipation of property – freezing order dissolved
LEGISLATION CITED : (CTH) Corporations Act 2001, s 127, s 180, s 181, s 182, s 232 (CTH) Trade Practices Act 1974, s 51AC, s 82, s 87
CATEGORY : Procedural and other rulings
CASES CITED : Fexuto v Bosnjack [1998] NSWSC 413 Grace v Grace [2007] NSWSC 6
Supercar International Holdings Ltd (plaintiff/fifth cross-defendant) Timothy Sommers (first defendant/cross-claimant) Sue Sommers (second defendant/cross-claimant) PARTIES : Nathan Leslie Tinkler (first cross-defendant) Tinkler Group Holdings (second cross-defendant) Peter Dempsey (third cross-defendant) Thomas Richard Todd (fourth cross-defendant) Supercar Club Pty Ltd (sixth cross-defendant)
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