Sassine v Mondray Pty Limited [2011] NSWSC 297

Supreme Court New South Wales

Medium Neutral Citation: Sassine v Mondray Pty Limited [2011] NSWSC 297 Hearing dates: 6 April 2011 Decision date: 15 April 2011 Jurisdiction: Equity Division Before: Barrett J Decision: The amended notice of motion by which Charlie Sassine seeks leave under s 237 of the Corporations Act 2001 (Cth) is dismissed The question of costs is reserved Catchwords: CORPORATIONS - statutory derivative action - shareholder wishes to have company bring claim which he is actively causing another company to bring against the same defendant - applicant recognises that only one claim can succeed - no attempt to disengage from prior competing claim - adherence to prior competing claim until re-examination following adjournment - applicant fails to establish that he is acting in good faith and that it is in company's interests for him to be authorised to sue for it Legislation Cited: Corporations Act 2001 (Cth), ss 236, 237 Cases Cited: Chahwan v Euphoric Pty Ltd [2008] NSWCA 52; (2008) 65 ACSR 661 McEvoy v Caplan [2010] NSWCA 115; (2010) 78 ACSR 167 Swansson v R A Pratt Properties Pty Ltd [2002] NSWSC 583; (2002) 42 ACSR 313 Category: Interlocutory applications Parties: Charlie Sassine - Applicant George Sassine - Respondent Representation: Counsel: Mr C A Evatt/Mr S Milanovic - Applicant Mr M R Pesman/Ms E A Weisske - Respondent Solicitors: Slattery Thompson Solicitors - Applicant HWL Ebsworth Lawyers - Respondent File Number(s): 2008/280995