In the matter of Featherston Resources Limited (Receiver and Manager Appointed) (Administrators Appointed) [2014] NSWSC 12

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Featherston Resources Limited (Receiver and Manager Appointed) (Administrators Appointed) [2014] NSWSC 12 Hearing dates: 22 January 2014 Decision date: 23 January 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Notice of motion seeking interlocutory injunction in respect of administration of registered foreign company dismissed. Catchwords: CORPORATIONS - Management and administration of registered foreign company - meetings - interlocutory relief - balance of convenience - issues of comity. Legislation Cited: Companies Act 1993 (NZ) Corporations Act 2001 (Cth) Cases Cited: - Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 - Commonwealth Bank of Australia v Fernandez [2010] FCA 1487; 81 ACSR 212 - NA Enterprises Pty Ltd v Jonvana Enterprises Pty Ltd [2011] NSWSC 125 - Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) [1998] HCA 30; (1998) 195 CLR 1 Category: Interlocutory applications Parties: Glenn Tetley (First Plaintiff) Lyndsey Banfield (Second Plaintiff) Anthony Bennett (Third Plaintiff) Doug Best (Fourth Plaintiff) AXL Limited (Fifth Plaintiff) Jacqueline Partis (Seventh Plaintiff) Toby Laccarino (Eighth Plaintiff) William Godfrey (Tenth Plaintiff) S Harold Koppe (Eleventh Plaintiff) Julian Management Services Pty Limited (Twelfth Plaintiff) J Gregan & J Percival (Fourteenth Plaintiffs) Emma Weston (First Defendant) Simon Kember (Second Defendant) Timothy Goodacre (Third Defendant) FRCN Pty Limited (Fourth Defendant) Featherston Resources Limited (Fifth Defendant) Adveco Fertilisers Pty Limited (Sixth Defendant) Andrew Barnden and Paul Vlasic (Non-party) Plaman Group Pty Limited (Non-party) Representation: Counsel: C.A. Botsman (Plaintiffs) D. K. Ratnam (Solicitor - First, Fourth to Sixth Defendants) A.W. Smith (Second and Third Defendants) S. Golledge (A. Barnden - non-party) Solicitors: Ashlaw Legal Services (Plaintiffs) HWL Ebsworth Lawyers (First and Fourth to Sixth Defendants) e.law Legal Services (Second and Third Defendants) Polczynski Lawyers (A. Barnden - Non-party) File Number(s): 2013/377035