In the matter of Gandangara Services Limited and others [2014] NSWSC 546

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gandangara Services Limited and others [2014] NSWSC 546 Hearing dates: 7 May 2014 Decision date: 07 May 2014 Jurisdiction: Equity Division Before: Brereton J Decision: Interlocutory injunction restraining defendants from acting as directors continued with minor variations. Defendants referred for pro bono assistance. Matter referred for mediation. Catchwords: EQUITY - equitable remedies - injunctions - interlocutory injunctions - application for continuation of orders restraining directors and chief executive officer from dealing with assets, altering or removing books or records, convening or holding meetings, or holding themselves out as directors - efficacy of directorships impugned - where expedited final hearing only three weeks away - whether sufficiently seriously arguable case for final relief that, having regard to the balance of convenience, injunctive relief more appropriate than not - relief continued on certain undertakings. CORPORATIONS - membership, rights and remedies - members' remedies and internal disputes - proceedings on behalf of company by member - statutory derivative action - rebuttable presumption that grant of leave not in best interests of the company does not arise - leave to sue in the name of the company granted. PROCEDURE - subpoena - leave to issue - documents sought not relevant - leave refused. PROCEDURE - miscellaneous procedural matters - referral to registrar for pro bono assistance. PROCEDURE - miscellaneous procedural matters - referral for mediation - mediator to be agreed by parties - in default joint protocol to apply. Legislation Cited: Corporations Act 2001 (Cth) s 237, s 1322 Aboriginal Land Rights Act 1987 (NSW) s 66, s 216, s 236, s 237 Civil Procedure Act 2005 (NSW) s 26 Uniform Civil Procedure Rules 2005 (NSW) r 7.36, r 7.37 Cases Cited: Darkinjung Pty Limited v Darkinjung Local Aboriginal Land Council [2006] NSWSC 1008, 203 FLR 394 Category: Interlocutory applications Parties: Gandangara Local Aborginal Land Council (first plaintiff) GLALC Development Services Limited (second plaintiff) Gandangara Management Services Limited (nominal third plaintiff) Gandangara Services Limited (first defendant) Gandangara Health Limited (second defendant) Cinderella Cronan (third defendant) George Bloomfield (fourth defendant) Carolyne Joy Brown (fifth defendant) John Thomas Dickson (sixth defendant) Mervyn Gregory Donovan (seventh defendant) Denis Thorne (eighth defendant) Rohan Tobler (ninth defendant) Mark (Jack) Johnson (tenth defendant) Gandangara 101 Limited (eleventh defendant) Gandangara Employment & Training Limited (twelfth defendant) Gandangara Future Fund Limited (thirteenth defendant) Gandangara Health Services Limited (fourteenth defendant) Gandangara Housing Services Limited (fifteenth defendant) Gandangara Transport Services Limited (sixteenth defendant) Lot 3 (South) Barden Ridge Limited (seventeenth defendant) Marumali Limited (eighteenth defendant) Sproule Road Limited (nineteenth defendant) Statewide Aboriginal Services Limited (twentieth defendant) Sydney Aboriginal Services Limited (twenty-first defendant) Representation: Counsel: M Oakes SC w D Smallbone (Plaintiffs) M Johnson (in person) (Tenth Defendant) Solicitor: Watson Mangioni Lawyers Pty Ltd (Plaintiffs) File Number(s): 2014/100748