In the matter of Mudgee Dolomite & Lime Pty Limited [2016] NSWSC 1933

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mudgee Dolomite & Lime Pty Limited [2016] NSWSC 1933 Hearing dates: 5 December 2016 Decision date: 05 December 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the Further Amended Interlocutory Process filed on 1 December 2016 be dismissed with costs. Costs to be paid on an ordinary basis, as agreed or as assessed. Ancillary orders made. Catchwords: PROCEDURE — Application for summary dismissal of plaintiff's claim under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) — where plaintiff brought winding up proceedings on the just and equitable ground against the defendant company – where applicant contended that winding up proceedings brought by the plaintiff were frivolous or vexatious relying upon offers made to buy out the plaintiff's shares in the defendant – whether grounds for summary dismissal under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) established. Legislation Cited: - Corporations Act 2001 (Cth), s 237 - Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: - ASIC v Planet Platinum Ltd [2015] VSC 682 - Belgiorno-Zegna v Exben Pty Ltd [2000] NSWSC 884; (2000) 35 ACSR 305 - Nassar v Innovative Precasters Group Pty Ltd [2009] NSWSC 342; (2009) 71 ACSR 343 - Vinciguerra v MG Corrosion Consultants Pty Ltd [2010] FCA 763; (2010) 79 ACSR 293 Category: Procedural and other rulings Parties: Robert Francis Murdoch (Plaintiff/Respondent) Mudgee Dolomite & Lime Pty Limited, Brian Murdoch (Applicants/Defendants) Representation: Counsel: H Insall SC/C Mantziaris (Plaintiff/Respondent) V Bedrossian (Applicants/Defendants)