ABCD Corporation Pty Ltd v Sampson [2017] NSWCA 117

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ABCD Corporation Pty Ltd v Sampson [2017] NSWCA 117 Hearing dates: 22 May 2017 Decision date: 22 May 2017 Before: Basten JA Decision: (1) Dismiss the notice of motion filed 18 May 2017.

(2) The applicant must pay the respondent's costs of the proceedings on the motion. Catchwords: PRACTICE AND PROCEDURE – application for stay pending hearing of application for leave to appeal – proposed appeal from interlocutory order refusing interlocutory injunction – contract of sale of strata title – whether receiver complied with obligation to take "all reasonable care" to sell at market value – whether damages an adequate remedy in the case of breach Legislation Cited: Corporations Act 2001 (Cth), ss 420, 420A, 423 Category: Procedural and other rulings Parties: ABCD Corporation Pty Ltd (Applicant) David Henry Sampson (First Respondent) Samanpat Pty Ltd as trustee for Relationspace Pty Ltd as trustee for Jambol Super (Second Respondent) Catherine Mary Boland (Third Respondent) Catherine Elizabeth James (Fourth Respondent) Representation: Counsel: Mr H W M Stitt (Applicant) Mr R D Marshall SC (First Respondent)

Solicitors: WKA Legal Pty Ltd (Applicant) Gillis Delaney Lawyers (First Respondent) File Number(s): 2017/149823 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: In the matter of Australasian Barrister Chambers Pty Ltd (in liquidation) [2017] NSWSC 597 Date of Decision: 26 April 2017 Before: Black J File Number(s): 2015/326742