N A Investments Holdings Pty Limited V Jonvana Enterprises Pty Limited [2011] NSWSC 125

Supreme Court New South Wales

Medium Neutral Citation: N A Investments Holdings Pty Limited V Jonvana Enterprises Pty Limited [2011] NSWSC 125 Hearing dates: 4 March 2011 Decision date: 04 March 2011 Jurisdiction: Equity Division Before: Barrett J Decision: Plaintiffs' notice of motion dated 24 December 2010 dismissed with costs Catchwords: PROCEDURE - interlocutory injunction - where plaintiffs seek relief in respect of security granted by two of them over their assets - allegation of misleading or deceptive conduct and unconscionable conduct by chargee in connection with grant of charge - chargee appoints administrator under voluntary administration - application for interlocutory order restraining administrator proceeding with meeting of creditors - where administrator of opinion that companies insolvent and should be wound up - no application for termination of administration by court - balance of convenience favours refusal of interlocutory injunction Legislation Cited: Corporations Act 2001 (Cth), ss 435C(2)(c), 437C, 439A, 439B, 439C, 439E, 447A Corporations Regulations 2001 (Cth), reg 5.6.18(1) Category: Interlocutory applications Parties: NA Investments Holdings Pty Limited - First Plaintiff FFA Properties Pty Limited - Second Plaintiff FFA Equipment Pty Limited - Third Plaintiff Jonvana Enterprises Pty Limited - First Defendant DJM Securities No 2 Pty Limited - Second Defendant DJM Equities Pty Limited - Third Defendant Malcolm Hanna Ayoub - Fourth Defendant Riad Tayeh - Fifth Defendant David Solomans - Sixth Defendant Andrew Johnson - Respondent Representation: Counsel: Mr M Sahade - Plaintiffs Mr N Gollan - Defendants Mr A Johnson in person Solicitors: Argyle Lawyers Pty Ltd - Plaintiffs Pateman Legal - Defendants File Number(s): 2010/81881