Marsden v DCL Developments Pty Ltd (Receivers and Managers Appointed) (No 2) [2016] NSWSC 1038

Supreme Court New South Wales

Medium Neutral Citation: Marsden v DCL Developments Pty Ltd (Receivers and Managers Appointed) (No 2) [2016] NSWSC 1038 Hearing dates: 21 July 2016 Date of orders: 21 July 2016 Decision date: 21 July 2016 Jurisdiction: Common Law Before: McCallum J Decision: Reasons for rulings given during argument as to interim orders Catchwords: INJUNCTIONS – where interim injunction granted restraining receivers from performing their functions in accordance with their appointment on conditions calculated to provide transparency as to the ongoing conduct of the business as a going concern pending expedited final hearing – where each party alleged breaches of the interim regime – receivers seeking order requiring defendants to respond "fully and honestly to questions reasonably asked" during inspections of the property and not to engage in "intimidatory tactics such as following delegates around with a video camera" – inappropriateness of involving court in ongoing supervision of unhappy commercial relationship Cases Cited: Marsden v DCL Developments Pty Ltd (Receivers and Managers Appointed) [2016] NSWSC 823 Category: Procedural and other rulings Parties: Peter William Marsden (in his capacity as Joint & Several Receiver and Manager of DCL Developments CAN 068 138 643 (Receivers and Managers appointed) (First Plaintiff) Richard Andrew Stone (in his capacity as as Joint & Several Receiver and Manager of DCL Developments CAN 068 138 643 (Receivers and Managers appointed) (Second Plaintiff) Andrew Bowcher (in his capacity as Joint & Several Receiver and Manager of DCL Developments CAN 068 138 643 (Receivers and Managers appointed) (Third Plaintiff) DCL Developments (Receivers & Managers appointed) (1st Defendant) Stuart Howe (2nd Defendant) Linda Howe (3rd Defendant) Representation: Counsel: B Katekar (Plaintiffs) J Halley SC and T Boyle (Defendants)