In the matter of Oliver Brown Pty Ltd [2012] NSWSC 957

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Oliver Brown Pty Ltd [2012] NSWSC 957 Hearing dates: 31 July 2012 Decision date: 01 August 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Hearing dates allocated for 2-3 and 7-8 August vacated. Matter listed before Corporations Judge on 3 September 2012. Costs of argument on 31 July 2012 reserved. Catchwords: CORPORATIONS - Corporations Act 2001 (Cth) s 440D - Whether Plaintiffs' claim, or parts of Plaintiffs' claim, stayed by operation of the Act. Legislation Cited: - Australian Consumer Law - Australian Securities and Investments Commission Act 2001 (Cth) - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 98 - Competition and Consumer Act 2010 (Cth) s 51AD - Corporations Act 2001 (Cth) ss 233, 440B, 440C, 440D - Trade Practices Act 1974 (Cth) s 51AD - Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.19(2) Cases Cited: - Karabay v Carr [2011] NSWSC 365 - Mead Corporation v Carbonless Papers (Australia) Pty Ltd [2002] WASC 268 - Re Capital General Corporation Ltd; Rodgers v Radly [2000] VSC 570; (2000) 37 ACSR 158 Category: Interlocutory applications Parties: Min Kyu Kim (First Plaintiff) Min Jae Kim (Second Plaintiff) Don Woo Seo (Third Plaintiff) BMJ Chocolata Pty Ltd (Fourth Plaintiff) MTK Chocolata Pty Ltd (Fifth Plaintiff) Byung Sun (Eric) Song (First Defendant) Jacob Jihoon Kim (Second Defendant) Oliver Brown Pty Ltd (Third Defendant) Representation: Counsel: J.C. Hewitt (Plaintiffs) J.P. Knackstredt (First Defendant) Solicitors: Dahan Lawyers (Plaintiffs) Clamenz Evans Ellis (First Defendant) No appearance (Second Defendant) No appearance (Third Defendant) File Number(s): 11/296647