Chammas v Risk [2015] NSWSC 1213

Supreme Court New South Wales

Medium Neutral Citation: Chammas v Risk [2015] NSWSC 1213 Hearing dates: 5 June 2015 Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Equity Before: Slattery J Decision: Judgment stayed for a limited period to allow the plaintiff to amend to join the judgment creditor as a defendant and seek relief against it. Catchwords: PROCEDURAL RULING – motion by plaintiff joint venturer for a stay of judgment against joint venture vehicle – counter motion by judgment creditor to enforce judgment – application to set aside judgment allegedly given in the absence of a party – whether applicant relevantly affected by the judgment made where the applicant is a shareholder of a party which consented to the order made – where entry of consent judgment may be an act of oppression against a minority shareholder. Legislation Cited: Corporations Act 2001 (Cth), s 588FF Supreme Court Rules 1970, Part 40, rule 9 Uniform Civil Procedure Rules 2005, r 36.16(2)(b) Cases Cited: PROCEDURAL RULING – motion by plaintiff joint venturer for a stay of judgment against joint venture vehicle – counter motion by judgment creditor to enforce judgment – application to set aside judgment allegedly given in the absence of a party – whether applicant relevantly affected by the judgment made where the applicant is a shareholder of a party which consented to the order made – where entry of consent judgment may be an act of oppression against a minority shareholder. Category: Procedural and other rulings Parties: First Plaintiff: Dr George Chammas Second Plaintiff: GCG Corporation Pty Limited ACN 153 007 017 First Defendant: Gary Risk Second Defendant: Cannarg Corporation Pty Ltd ACN 153 006 547 Third Defendant: RFG Corporation Pty Ltd ACN 153 006 903 Fourth Defendant: Que Developments Pty Ltd ACN 147 800 244 Representation: Counsel: Plaintiffs: F. Assaf First, Second and Fourth Defendants: P. Ashfar Third Defendant: D. Pritchard SC