In the matter of Medical & Legal Assessments (NSW) Pty Ltd (receiver and manager appointed) [2013] NSWSC 1622

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Medical & Legal Assessments (NSW) Pty Ltd (receiver and manager appointed) [2013] NSWSC 1622 Hearing dates: 28 October 2013 Decision date: 07 November 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for dismissal of interlocutory process and for the plaintiffs to pay the third defendant's costs of the application, as agreed or as assessed. Catchwords: CORPORATIONS - management and administration - application for declaration that appointment of receivers and managers is invalid under s 418A(2) Corporations Act 2001 (Cth) - application for interlocutory relief restraining receivers and managers from exercising rights as receivers and managers - whether the plaintiff has established a sufficiently arguable case for a final injunction to justify the grant of interlocutory relief - whether a serious question to be tried as to misleading and deceptive conduct is established - whether a serious question to be tried as to unconscionability is established - whether the balance of convenience favours interlocutory relief. Legislation Cited: - Australian Securities and Investments Commission Act 2001 (Cth) ss 12BAA, 12BAB, 12CB - Competition and Consumer Legislation Amendment Act 2011 (Cth) - Corporations Act 2001 (Cth) s 418A(2) Cases Cited: - Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 - First Capital Group Ltd v Wentworth Mutual Investment Management Pty Ltd [2007] WASC 93 - Fletcher v Ould Pty Ltd [2000] WASC 322 - Free Wesleyan Church of Tonga in Australia Inc (admin apptd); Phoenix Lacquers & Paints Pty Ltd v Free Wesleyan Church of Tonga in Australia Inc (admin apptd) [2012] NSWSC 214; (2012) 87 ACSR 658 - Harvey v McWatters (1949) 49 SR (NSW) 173 - Ozden v Commonwealth Bank of Australia [2013] VSCA 195 - PCL Ltd v Kellas-Sharpe [2012] QSC 31 - Seeto v Bank of Western Australia Ltd [2010] NSWSC 922 - Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389 - Town & Country Sport Resorts (Holdings) Pty Ltd v Partnership Pacific Ltd (1988) 20 FCR 540 - Williams v Abbott Australasia Pty Ltd [2002] NSWSC 950 Category: Interlocutory applications Parties: Medical & Legal Assessments (NSW) Pty Limited (receiver and manager appointed) (First Plaintiff) Medical & Legal Imaging (NSW) Pty Limited (receiver and manager appointed) (Second Plaintiff) Ozem Kassem (First Defendant) Jason Tang (Second Defendant) PCL Holdings Pty Limited (Third Defendant) Representation: Counsel: G. Drew (Plaintiffs) D. Anderson (Third Defendant) Solicitors: Licardy & Co (Plaintiffs) ERA Legal (Third Defendant) File Number(s): 2013/313018