SW Investments NSW Pty Ltd v 16 Boondilla Pty Ltd (No 2) [2018] NSWSC 299

Supreme Court New South Wales

Medium Neutral Citation: SW Investments NSW Pty Ltd v 16 Boondilla Pty Ltd (No 2) [2018] NSWSC 299 Hearing dates: On the papers Date of orders: 12 March 2018 Decision date: 12 March 2018 Jurisdiction: Equity Before: Darke J Decision: Order made that funds held by stakeholder be paid to the fourth defendant Catchwords: EQUITY – trusts – funds held by stakeholder – funds held pending conclusion of proceedings and direction of court – funds obtained from proceeds of sale of real property owned by fourth defendant – fourth defendant in liquidation – plaintiffs successful against first to third defendants but did not seek leave to proceed against fourth defendant – whether funds should be paid to fourth defendant or to plaintiffs – funds be paid to fourth defendant where plaintiffs established no claims against it or interest in the real property or its proceeds Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2, s 237 Corporations Act 2001 (Cth), ss 500, 568 Supreme Court Act 1970 (NSW), s 23 Cases Cited: SW Investments NSW Pty Ltd v 16 Boondilla Pty Ltd [2017] NSWSC 762 Category: Procedural and other rulings Parties: SW Investments NSW Pty Ltd (First Plaintiff) Huijing Song (Second Plaintiff) 16 Boondilla Pty Ltd (First Defendant) PRM Development (NSW) Pty Ltd (Second Defendant) Xin Li (Third Defendant) PRCM Constructions Pty Ltd (Fourth Defendant) Representation: Solicitors: Juris Cor Legal (Plaintiffs) Morabito Legal (Fourth Defendant) File Number(s): 2015/338463 Publication restriction: None