In the matter of Buel Maintenance Services Pty Limited and Buel Inspection Testing and Monitoring Services Pty Limited [2015] NSWSC 1407

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Buel Maintenance Services Pty Limited and Buel Inspection Testing and Monitoring Services Pty Limited [2015] NSWSC 1407 Hearing dates: 31 August 2015 Decision date: 31 August 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted to proceed against Mortlock McCormack Law Trustee Company (2006) Limited. Interlocutory process be dismissed. The Plaintiff pay 75% of the First Defendant's costs of the application, as agreed or as assessed. Catchwords: PROCEDURE – interlocutory injunctions – where final relief sought determination of correct shareholder and director of companies – where interlocutory relief sought to restrain purported current director and shareholder of companies from restricting access to plaintiff to bank accounts of the companies – whether balance of convenience warrants grant of interlocutory relief. Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW) sch 6, r 11.4 Cases Cited: - Australian Broadcasting Corporation v O'Neil [2006] HCA 46; (2006) 227 CLR 57 - Stratford Sun Limited v O M Holdings Ltd [2011] FCA 414; (2011) 83 ACSR 84 Category: Procedural and other rulings Parties: Stephen Ashworth (Plaintiff) Joshua David Green (First Defendant) Mortlock McCormack Law Trustee Company (2006) Limited (Second Defendant) Representation: Counsel: I E Davidson SC/P Reynolds (Plaintiff) J T Svelha (First Defendant)

Solicitors: George Xylas (Plaintiff) Hicksons (First Defendant) File Number(s): 2015/251324