Jayne Elizabeth Beaumont v David Martin Peel & Ors [2018] NSWSC 95

Supreme Court New South Wales

Medium Neutral Citation: Jayne Elizabeth Beaumont v David Martin Peel & Ors [2018] NSWSC 95 Hearing dates: 1 February 2018 Decision date: 01 February 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with draft orders 1-18. Agreement noted between the parties in accordance with the draft short minutes of order. Court approves the settlement of the proceedings and notes agreement in respect of the Tenth Defendant. Catchwords: CORPORATIONS – oppression – whether the Court has jurisdiction to make consent orders sought under s 233 of the Corporations Act 2001 (Cth)

PROCEDURE – person under legal incapacity – application for approval of settlement of proceedings commenced against person under legal incapacity – whether proposed settlement is in the interests of the person under legal incapacity Legislation Cited: - Civil Procedure Act 2005 (NSW) s 76 - Corporations Act 2001 (Cth) ss 232, 233, 461 - Supreme Court (Corporations) Rules 1999 (NSW) r 2.13 Cases Cited: - Dean Willcocks (as liquidator of SJP Formwork (NSW) Pty Ltd (In Liq)) v Commissioner of Taxation (No 2) (2004) 49 ACSR 325 - Lord v Dernacourt Investments Pty Ltd (unreported 14 March 1994) - Quinlan v Fiboze Pty Ltd (1998) 14 ACLR 312 - Re Spargos Mining NL (1990) 3 WAR 166 - Sutherland v National Roads and Motorists' Association Ltd [2003] NSWSC 829 Category: Procedural and other rulings Parties: Jayne Elizabeth Beaumont (Plaintiff) David Martin Peel (First Defendant) Len Peel Holdings Pty Ltd (Second Defendant) Peel Mungerie Pty Ltd (Third Defendant) Hambledon Park Pty Ltd (Fourth Defendant) Peel-Northhampton Downs Pty Ltd (Fifth Defendant) Len Peel Pty Ltd (Sixth Defendant) Kemsley Pastoral Pty Ltd (Seventh Defendant) Peel New-Merrigal (Eighth Defendant) Harrock Pty Ltd (Ninth Defendant) Margaret Peel (by her tutor David John Rohr) (Tenth Defendant) Representation: Counsel: R Dick SC/J Buncle (Plaintiff) S Golledge (First Defendant) R Forbes (Solicitor) (Tenth Defendant)