Organic Paradise Pty Ltd v Brett Smith; Just Organics (Aust) Pty Ltd v Peter Melov [2015] NSWSC 1788

Supreme Court New South Wales

Medium Neutral Citation: Organic Paradise Pty Ltd v Brett Smith; Just Organics (Aust) Pty Ltd v Peter Melov [2015] NSWSC 1788 Hearing dates: 21, 22, 24, 28 and 29 September 2015 Date of orders: 21 October 2015 Decision date: 21 October 2015 Jurisdiction: Equity Before: Rein J Decision: See [31], [36], [39] and [43] Catchwords: EQUITY - Whether shares were held in trust - Whether directors breached fiduciary duties owed to company - Remedy available to company against director in relation to transfer of business to another entity controlled by director for no consideration - Claim of trespass and conversion of goods Legislation Cited: N/A Cases Cited: Breakout Barrier Release Systems Pty Ltd v Breakout Barrier Release Systems Australasia Pty Ltd [2013] NSWSC 1815 Chan v Zacharia (1984) 154 CLR 178 Warman International Limited v Dwyer (1995) 182 CLR 544 Texts Cited: JD Heydon, MJ Leeming and PG Turner (eds), 'Meagher, Gummow and Lehane's Equity: Doctrines & Remedies' (5th ed 2015, LexisNexis) Category: Principal judgment Parties: 2012/333740 Organic Paradise Pty Limited (First Plaintiff) Brett Smith (First Defendant) Eric Abraham Jury (Second Defendant) Pasquale Coppolaro (Third Defendant)

2013/90782 Just Organics (Aust) Pty Ltd (First Plaintiff) Eric Jury (Second Plaintiff) Pasquale Coppolaro (Third Plaintiff) Peter Melov (First Defendant) Organic Paradise Pty Ltd (Second Defendant) BU Organics Pty Ltd (Third Defendant) Organik Paradise Pty Ltd (Fourth Defendant) Representation: 2012/333740 Counsel: T.J Morahan (Plaintiff) B Smith (in person) (First Defendant) P Coppolaro (in person) (Third Defendant)