In the matter of MROC Car Wholesalers Pty Limited [2017] NSWSC 738

Supreme Court New South Wales

Medium Neutral Citation: In the matter of MROC Car Wholesalers Pty Limited [2017] NSWSC 738 Hearing dates: 2 May 2017 Decision date: 02 May 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: By consent, declare that the parties to the engagement letter in issue are the Sixth Plaintiff and the Third Defendant; that none of the First to Fifth Plaintiffs is a party to that engagement letter; that no charge or security interest was granted by any of the First to Fifth Plaintiffs, in favour of the Third Defendant, pursuant to the engagement letter; and that the appointment of administrators to the First to Fifth Plaintiffs was invalid, and make consequential notes and orders. Catchwords: EQUITY – Equitable remedies – Declarations – where parties have settled proceedings and Defendants consent to the declarations sought – where declarations would finally determine matters in dispute – whether the declarations sought should be made. Legislation Cited: - Corporations Act 2001 (Cth), ss 436C, 447A - Supreme Court Act 1970 (NSW), s 75 Cases Cited: - Aussie Airlines Pty Limited v Australian Airlines Ltd (1996) 68 FCR 406 - Cruse v Multiplex Ltd [2008] FCAFC 179; (2008) 172 FCR 279 - McCausland v Surfing Hardware International Holdings Pty Limited (No 2) [2014] NSWSC 163 - Neeta (Epping) Pty Limited v Phillips [1974] HCA 18; (1974) 131 CLR 286 - Re Idylic Solutions Pty Limited; Australian Securities and Investments Commission v Hobbs [2013] NSWSC 106; (2013) 93 ACSR 421 Category: Principal judgment Parties: MROC Car Wholesalers Pty Limited (First Plaintiff) MROC Investments Pty Limited (Second Plaintiff) Mozzart Investments Pty Limited (Third Plaintiff) Plush Services Pty Limited (Fourth Plaintiff) Zegna Holdings Pty Limited (Fifth Plaintiff) Habib Zeitouneh (Sixth Plaintiff) Andrew John Spring (First Defendant) Amanda Young (Second Defendant) Assaf Financial Services Pty Limited (Third Defendant) Representation: Counsel: D Krochmalik (Plaintiffs) P Hanrahan (Solicitor) (First and Second Defendants)