Aalders v Anzax Finance Australia Pty Limited [2010] NSWSC 699

New South Wales Supreme Court

CITATION : Aalders v Anzax Finance Australia Pty Limited [2010] NSWSC 699

HEARING DATE(S) : 16 June 2010

JUDGMENT DATE : 29 June 2010

JURISDICTION : Equity

JUDGMENT OF : White J

1. Upon the plaintiff by his counsel giving the usual undertaking as to damages, order that until further order, the first defendant by itself, its employees, directors or agents and the second defendant be restrained from taking possession of vehicles in the possession of customers of the first defendant without the consent in writing of the plaintiff. DECISION : 2. Order that the plaintiff's interlocutory process filed on 13 May 2010 be otherwise dismissed. 3. Upon the first and second cross-claimants by their counsel undertaking to the court that they will pay, bear and indemnify the first defendant against all costs, charges and expenses of and incidental to the bringing and continuation of the amended first cross-claim, including any adverse costs orders that may be made on that cross-claim against the first defendant as fourth cross-claimant, grant leave to the first and second cross-claimants to bring the amended first cross-claim in the form which is exhibit 2 on the application in the name and on behalf of the first defendant as fourth cross-claimant as well as in their own right. 4. Order that the defendants' interlocutory process filed on 14 May 2010 be otherwise dismissed.

CATCHWORDS : CORPORATIONS – application for injunctive relief – where defendant company was financier and entered into rental agreements with customers in respect of motor vehicles – plaintiff a shareholder and claimed to be a director of company - application by plaintiff for orders to restrain defendant company's repossession of motor vehicles – serious question to be tried whether defendant entitled to repossession without plaintiff's consent – serious question to be tried whether plaintiff has ceased to be director of defendant and entitled to participate in decision to repossess – balance of convenience favours grant of injunctive relief – no question of principle – order that defendant be restrained from repossessing vehicles without plaintiff's written consent. - CORPORATIONS – where dispute regarding plaintiff's oral representations to customers to purchase vehicles at end of lease and customers' rights to purchase – application by defendant for orders for plaintiff's delivery up of vehicles application and restraining plaintiff's contacting customers to discuss terms of rental agreement – no orders made