John Melick Investments Pty Limited v Harbourview Mansions Pty Limited [2017] NSWSC 1132

Supreme Court New South Wales

Medium Neutral Citation: John Melick Investments Pty Limited v Harbourview Mansions Pty Limited [2017] NSWSC 1132 Hearing dates: 23, 24 August 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Jurisdiction: Equity Before: Brereton J Decision: Undertakings of defendant noted, summons otherwise dismissed. Catchwords: CORPORATIONS – membership, rights and remedies – class rights – where plaintiff's shares in company constitute a class under Corporations Act, s 246B – where company proposes to resolve to convert land and building it owns from company title scheme to strata title scheme – where plaintiff seeks a quia timet injunction to enjoin resolution – where proposed injunction leaves considerable room for interpretational argument – where defendant undertakes not to register a strata scheme that violates s 246B – where strata scheme potentially consistent with plaintiff's class rights – held, injunction refused. Legislation Cited: (CTH) Corporations Act 2001, s 140, s 246B (NSW) Strata Schemes Development Act 2015, s 9(1) Cases Cited: John Melick Investments Pty Limited v Harbour View Mansions Pty Limited [2016] NSWSC 1318 R v Macfarlane; ex parte O'Flanagan and O'Kelly (1923) 32 CLR 518 Wilson v Meudon Pty Ltd [2005] NSWCA 448; [2006] ANZ Conv R 93 Category: Principal judgment Parties: John Melick Investments Pty Limited (plaintiff) Harbourview Mansions Pty Limited (defendant) Representation: Counsel: EAJ Hyde (plaintiff) D Murr SC with HWM Stitt (defendant)