Maxiwealth Holdings Pty Ltd v The Mill Goulburn Pty Ltd [2018] NSWSC 115

Supreme Court New South Wales

Medium Neutral Citation: Maxiwealth Holdings Pty Ltd v The Mill Goulburn Pty Ltd [2018] NSWSC 115 Hearing dates: 8 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Equity Before: Darke J Decision: Interlocutory injunction granted as sought by the plaintiff. Catchwords: INJUNCTIONS – interlocutory injunctions – agreement to acquire units in a unit trust – application by purchaser for restraint upon trustee dealing with principal asset of trust – whether serious question to be tried that agreement remains on foot notwithstanding purported termination – whether balance of convenience in favour of imposition of restraint – interlocutory injunction granted on conditions Legislation Cited: Real Property Act 1900 (NSW), s 74O Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 FTFS Holdings Pty Ltd v Business Acquisitions Australia Pty Ltd [2006] NSWSC 846 Category: Procedural and other rulings Parties: Maxiwealth Holdings Pty Ltd (Plaintiff) The Mill Goulburn Pty Ltd (First Defendant) Peter Mylonas (Second Defendant) Daniel Mylonas (Third Defendant) Mylonas Investments Aust Pty Ltd (Fourth Defendant) Southern Star Property Group (Fifth Defendant) John Kelly (Sixth Defendant) Representation: Counsel: Mr A M B Cornish (Plaintiff) Mr J P Knackstredt (First to Fourth Defendants)

Solicitors: Colin Biggers & Paisley (Plaintiff) McLachlan Thorpe Partners (First to Fourth Defendants) File Number(s): 2018/37998 Publication restriction: None