Walden v Foodco Group Pty Ltd [2009] NSWSC 45

New South Wales Supreme Court

CITATION : Walden v Foodco Group Pty Ltd [2009] NSWSC 45

HEARING DATE(S) : 12/02/09

JUDGMENT DATE : 12 February 2009

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 12 February 2009

DECISION : Application for interlocutory orders dismissed with costs

CATCHWORDS : CORPORATIONS - application for interlocutory orders pending hearing of oppression suit - application by plaintiff for order restraining other parties from acting upon and giving effect to resolution of general meeting removing plaintiff as a director - where alleged defect is deficiency of one, two or three days in notice period of twenty-one days - application for order that company produce certain documents and give certain information to defendant - reliance on s 198F - section confers right of inspection only - apparent attempt to obtain discovery and interrogatories - where notice to produce already answered - application for order compelling trustee of unit trust to make distributions to plaintiff - where dispute whether plaintiff still a unit holder - interlocutory order would be in the nature of final relief

LEGISLATION CITED : Corporations Act 2001 (Cth), ss 9, 198F, 232, 233, 290, 1322(1) and (2),

CATEGORY : Principal judgment

CASES CITED : Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; (2001) 208 CLR 199 Re Pembury Pty Limited [1993] 1 Qd R 125

TEXTS CITED : Sir Frederick Jordan: "Chapters on Equity in New South Wales"

Jonathon Nigel Walden - Plaintiff Foodco Group Pty Limited - First Defendant Muffin Break Pty Ltd - Second Defendant Jamaica Blue Pty Ltd - Third Defendant PARTIES : Jahnus Pty Ltd - Fourth Defendant Norman Fitzgerald - Fifth Defendant Robert Symonds - Sixth Defendant Sergio Infanti - Seventh Defendant Stephen Kerr - Eighth Defendant Waker Holdings Pty Limited - Ninth Defendant