Katrina June Harris v Paul Edward Harris & Ors (No 2) [2013] NSWSC 1620

Supreme Court New South Wales

Medium Neutral Citation: Katrina June Harris v Paul Edward Harris & Ors (No 2) [2013] NSWSC 1620 Hearing dates: 25 October 2013 Decision date: 06 November 2013 Jurisdiction: Equity Division Before: Darke J Decision: 1. Grant leave to the plaintiff to file an Amended Statement of Claim in accordance with paragraphs 41 and 42 of these reasons for judgment. 2. The plaintiff's application for leave to bring proceedings pursuant to s 237 of the Corporations Act is refused. 3. The plaintiff is to pay the first and third defendants' costs of the Notice of Motion Filed on 10 October 2013. Catchwords: CORPORATIONS - section 237 Corporations Act 2001 (Cth) application for leave to bring proceedings on behalf of company - whether grant of leave in best interests of company - lack of evidence - leave refused

PROCEDURE - application to amend statement of claim - no issue of principle Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Cases Cited: Chahwan v Euphoric Pty Ltd [2008] NSWCA 52 Fiduciary Ltd v Morningstar Research Pty Ltd [2005] NSWSC 442 Harris v Harris [2013] NSWSC 1261 Hackett v Nambucca Valley Quarries Pty Ltd [2012] NSWSC 1189 Magafas v Carantinos [2006] NSWSC 1459 McEvoy v Caplan [2010] NSWCA 115 Re Mycorp Pty Ltd [2013] NSWSC 1344 Swansson v RA Pratt Properties Pty Ltd [2002] NSWSC 583 Category: Procedural and other rulings Parties: Katrina June Harris (Plaintiff) Paul Edwards Harris (First Defendant) Terry Albert Harris (Second Defendant) Tylina Holdings Pty Limited (Third Defendant) Representation: Counsel: N Obrart (Plaintiff) M S Henry SC (Defendant) Solicitors: Shaye Chapman Lawyers (Plaintiff) Polczynski Lawyers (Defendants) File Number(s): SC: 2011/394272 Publication restriction: Nil