Caird Seven Pty Ltd v Mina Attia and Shopsmart Pharmacy Franchising Pty Ltd (No 3) [2016] NSWSC 1452

Supreme Court New South Wales

Medium Neutral Citation: Caird Seven Pty Ltd v Mina Attia and Shopsmart Pharmacy Franchising Pty Ltd (No 3) [2016] NSWSC 1452 Hearing dates: 19 September 2016 Decision date: 13 October 2016 Before: Emmett AJA Decision: The Court notes the undertakings and makes the orders set out in Schedules 2 and 3 to these reasons. Catchwords: PRACTICE AND PROCEDURE – enforcement of court orders for specific performance concerning sale of a business – whether Supreme Court has power to appoint a receiver to enforce final orders pursuant to Supreme Court Act 1970 (NSW), s 67 – appointment of receiver as part of equitable execution – whether discretion to appoint a receiver should be exercised in circumstances where there has been failure to comply with court orders – whether appointing a receiver would be fruitless and would frustrate performance of the court orders Legislation Cited: Civil Procedure Act 2005 (NSW), s 106 Conveyancing Act 1919 (NSW), s 66G Corporations Act 2001 (Cth), s 420 Equity Act 1880 (NSW), s 57 Real Property Act 1900 (NSW), s 57(2) Supreme Court Act 1970 (NSW), s 67 Supreme Court of Judicature Act 1873 (Imp), 25(8)

Uniform Civil Procedure Rules 2005 (NSW), r 40.8 Cases Cited: Caird Seven Pty Ltd v Attia Pty Ltd [2016] NSWSC 1088 Caird Seven Pty Ltd v Mina Attia and Shopsmart Pharmacy Franchising Pty Ltd (No 2) [2016] NSWSC 1217 Hall v Foster [2012] NSWSC 974 Holmes v Millage [1893] 1 QB 551 In the Matter of Aquaqueen International Pty Limited [2016] NSWSC 508 Maclaine Watson & Co Ltd v International Tin Council [1988] Ch 1 Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404; [1994] HCA 54 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (5th ed 2015, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Caird Seven Pty Ltd (Plaintiff) Mr Mina Attia (First Defendant) Shopsmart Pharmacy Franchising Pty Ltd (Second Defendant) Representation: Counsel: Mr PD Herzfeld (Plaintiff) Mr MW Young SC (First and Second Defendants)