NSW Caselaw
New South Wales Supreme Court
CITATION : Application of Valad Commercial Management Limited & Ors [2010] NSWSC 646
HEARING DATE(S) : 11 June 2010
JUDGMENT DATE : 15 June 2010
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 15 June 2010
DECISION : Order that the second to fifth defendants' interlocutory process filed on 8 June 2010 be dismissed with costs.
CATCHWORDS : CORPORATIONS – application for summary dismissal of winding-up application – where deadlock in joint venture operated by trustee – where disputes and oppressive conduct alleged to arise from defendant's breach of contract - CORPORATIONS – whether winding-up application is abuse of process by re-litigating issue already decided – whether abuse of process because another more suitable remedy exists – whether instituting winding-up proceedings breaches contractual dispute resolution clause and contractual term not to sell assets – whether winding-up application misconceived because winding-up trustee will not result in winding-up of trust – whether winding-up proceedings commenced for improper collateral purpose to cause defendant to commit event of default – question for final hearing whether parties entitled to invoke contractual dispute resolution clause in answer to winding-up application – question for final hearing whether defendant breached contractual obligation to act in good faith – question for final hearing whether grounds of oppression made out
LEGISLATION CITED : Corporations Act 2001 (Cth)
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Fortuna Holdings Pty Ltd v The Deputy Commissioner of Taxation of the Commonwealth of Australia [1978] VR 83 CASES CITED : Charles Forte Investments Ltd v Amanda [1964] Ch 240 Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd [2007] NSWCA 57; (2007) 69 NSWLR 374 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
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