In the matter of Courtesy Real Estate (NSW) Pty Limited [2013] NSWSC 1666

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Courtesy Real Estate (NSW) Pty Limited [2013] NSWSC 1666 Hearing dates: 31 October 2013 Decision date: 14 November 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Certain orders to be made by consent of the parties; application for interlocutory order requiring reappointment of director dismissed; order for costs in the cause. Catchwords: CORPORATIONS - oppression - seriously arguable case that removal of director was in breach of shareholders agreement - whether balance of convenience favours interlocutory order for reappointment of director - where applicant had not been a director for several months before interlocutory relief seeking his reappointment was sought - availability of other orders to protect applicant's interests. Legislation Cited: Corporations Act 2001 (Cth) ss 198F, 232-233, 247A, 250A, 1322 Cases Cited: - Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 - Australian Securities and Investments Commission v Rich [2003] NSWSC 297 - Business World Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 - Catley v Waipa Corporation Ltd (2004) 2 NZCCLR 50 - Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 - Goyal v Chandra [2006] NSWSC 239; (2006) 68 NSWLR 313 - Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) [1998] HCA 30; (1998) 195 CLR 1; (1998) 27 ACSR 535 - Tumminello v TAB Ltd [2011] NSWSC 1639 Category: Interlocutory applications Parties: Robert Michael Gillespie (First Plaintiff/First Applicant) RM Gillespie Investments Pty Ltd (Second Plaintiff/Second Applicant) Courtesy Real Estate (NSW) Pty Ltd (First Defendant/First Respondent) Abbycam Pty Limited (Second Defendant/Second Respondent) Henawade Pty Limited (Third Defendant/Third Respondent) S&D Slater Investments Pty Ltd (Fourth Defendant/Fourth Respondent) D&D Grant Investments Pty Ltd (Fifth Defendant/Fifth Respondent) Peter Douglas Matthews (Sixth Defendant/Sixth Respondent) Kingsley Raymond Yates (Seventh Defendant/Seventh Respondent) Shane Michael Slater (Eighth Defendant/Eighth Respondent) Daniel Grant (Ninth Defendant/Ninth Respondent) Representation: Counsel: H.K. Insall SC (Plaintiffs/Applicants) C. Harris SC (Defendants/Respondents) Solicitors: Hughes & Associates (Plaintiffs/Applicants) Atkinson Vinden (Defendants/Respondents) File Number(s): 2013/192515