In the matter of Mycorp Pty Ltd [2014] NSWSC 1293

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mycorp Pty Ltd [2014] NSWSC 1293 Hearing dates: Written submissions 8, 10 September 2014 Decision date: 19 September 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for judgment in favour of second and third defendants against plaintiff in relevant amounts with interest, and for plaintiff to pay first defendant's costs of notice of motion on indemnity basis and payable forthwith. Catchwords: PROCEDURE - contempt, attachment and sequestration - contempt of court - penalty - disputed issues remaining before orders can be made to give effect to penalty judgment in proceedings - time to effect repayment of relevant monies to companies - enforcement - where order of indemnity costs held to be sufficient penalty - whether plaintiff's costs should be assessed and payable forthwith. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 100 - Uniform Civil Procedure Rules 2005 (NSW) rr 36.4, 36.4(3) Cases Cited: - Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 - Jazabas Pty Ltd v Haddad [2006] NSWSC 880 - Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64 - Tomanovic v Global Mortgage Equity Corp Pty Ltd (No 2) [2011] NSWCA 256; (2011) 288 ALR 385 - Traderight (NSW) Pty Ltd v Bank of Queensland Ltd (No 2) [2008] NSWSC 589 Category: Consequential orders Parties: Fred Fajloun (Plaintiff/Respondent) George Khoury (First Defendant/Applicant) Mycorp Group Pty Ltd (Second Defendant) Moonstone River Pty Ltd (Third Defendant) Summer Tides Pty Ltd (Fourth Defendant) Snowy Falls Pty Ltd (Fifth Defendant) Telnac Pty Ltd (Sixth Defendant) Representation: Counsel: M Condon SC (Plaintiff/Respondent) J C Kelly SC (First Defendant/Applicant) Solicitors: Sage Lawyers (Plaintiff/Respondent) Bamford Lawyers (First Defendant/Applicant) File Number(s): 2012/350220