In the matter of Italian Forum Limited (subject to a deed of company arrangement) (No 2) [2015] NSWSC 1382

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Italian Forum Limited (subject to a deed of company arrangement) (No 2) [2015] NSWSC 1382 Hearing dates: 3 September 2015 Date of orders: 11 September 2015 Decision date: 11 September 2015 Jurisdiction: Equity - Corporations List Before: Rein J Decision: See [31] Catchwords: EQUITY - Corporations - Error perceived in reasons previously handed down - The position of parties who have filed submitting appearances - Whether a purchaser of property would be liable to meet liabilities in respect of Commercial Strata Management Scheme incurred by registered owner of property but subject to an unfulfilled condition precedent Legislation Cited: Conveyancing Act 1919 (NSW) Strata Schemes (Freehold Development) Act 1973 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bull v Lee (No 2) [2009] NSWCA 362 Evergreen Tours Pty Ltd v McLaren [2010] NSWSC 1362 Fitter v Public Trustee [2007] NSWSC 1487 Garsec v His Majesty Sultan of Brunei [2007] NSWSC 882 Notaras v Waverley Council [2007] NSWCA 333 Traianedes in his Capacity as Deed Administrator of Mercury Brands Group Pty Ltd (Subject to Deed of Company Arrangement) v Mercury Brands Group Pty Ltd (No 2) [2010] FCA 1140 Texts Cited: Young, Croft and Smith, 'On Equity' (2009, Thomson Reuters) Category: Principal judgment Parties: Stephen Wesley Hathway (First Plaintiff) Italian Forum Limited (subject to a deed of company arrangement) (Second Plaintiff) The Owners Strata Plan No 60919 (First Defendant) The Owners Strata Plan No 60918 (Second Defendant) Perpetual Trustee Company Limited (Third Defendant) CoAslt Italian Association of Assistance (Fourth Defendant) Representation: Counsel: E. Finnane (Plaintiffs) H. Collins (First Defendant) (Solicitor) M.J Stevens (Second Defendant) J Chard (Third Defendant) (Solicitor) R.J Carruthers (Fourth Defendant)