Australian Mortgage & Finance Company Pty Ltd as trustee of the Melnikoff Family Trust & Ors v Rome Euro Windows Pty Ltd as trustee of the Rome Euro Windows Unit Trust & Ors [2014] NSWSC 1173

Supreme Court New South Wales

Medium Neutral Citation: Australian Mortgage & Finance Company Pty Ltd as trustee of the Melnikoff Family Trust & Ors v Rome Euro Windows Pty Ltd as trustee of the Rome Euro Windows Unit Trust & Ors [2014] NSWSC 1173 Hearing dates: 26 June and 3 July 2014 Decision date: 25 August 2014 Jurisdiction: Equity Division Before: Black J Decision: Orders made for dismissal of relevant paragraphs in amended notice of motion, the striking out of relevant prayers and paragraphs of cross-claim and the setting aside of relevant paragraphs of relevant notices to produce. Leave granted to relevant defendants, nunc pro tunc, to file a defence in relevant proceedings on behalf of company. Leave granted to relevant defendants, nunc pro tunc, to defend separate NCAT proceedings on behalf of company subject to relevant conditions. Agreement between relevant parties to take all steps necessary to procure payment of relevant business expenses of company as and when they fall due noted by the Court. Order made for relevant defendants to provide copies of invoices in respect of payment of relevant business expenses. Orders made as to costs between parties. Catchwords: PROCEDURE - judgments and orders - disputed issues remaining before orders can be made to give effect to interlocutory judgment in proceedings - dismissal of relevant paragraphs of notices of motion - striking out of paragraphs of cross-claim - setting aside of notices to produce - leave to act on behalf of company - payment of company debts - indemnity of costs.

PROCEDURE - costs - general rule that costs follow the event - whether reason shown to depart from general rule. Legislation Cited: - Corporations Act 2001 (Cth) ss 237, 242 Category: Consequential orders Parties: Australian Mortgage & Finance Company Pty Ltd as Trustee for the Melnikoff Family Trust (First Plaintiff) Lilya Melnikoff (Second Plaintiff/First Cross-Defendant) Steve Melnikoff (Third Plaintiff/Second Cross-Defendant) Rome Euro Windows Pty Ltd as trustee of the Rome Euro Windows Unit Trust (First Defendant/First Cross-Claimant) Iryna Rosinska (Second Defendant/Second Cross-Claimant) Yuri Rudi (Third Defendant/Third Cross-Claimant) IUR Australia Holdings Pty Ltd (Fourth Defendant) Rome Euro Windows & Doors Pty Ltd (Fifth Defendant) Kathrin Rudi (Sixth Defendant) Representation: Counsel: D Hogan-Doran (Plaintiffs) J Hyde (First to Fourth Defendants) Solicitors: Aitken Lawyers Pty Ltd (Plaintiffs) Mills Oakley Lawyers (First to Fourth Defendants) File Number(s): 2014/28291