In the matter of Jobema Pty Ltd [2018] NSWSC 856

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jobema Pty Ltd [2018] NSWSC 856 Hearing dates: 6 November 2017 Date of orders: 07 June 2018 Decision date: 07 June 2018 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Summary judgment for the plaintiff against the first defendant for $2,102,587.58 inclusive of interest. Catchwords: PRACTICE AND PROCEDURE - Application for summary judgment – where company has declared dividends in favour of the plaintiff – resulting in a debt due to the plaintiff – where the plaintiff did not know or authorise payments to the plaintiff's children or other in-house transfers – where credit given for actual payments made to the plaintiff and payments on the plaintiff's behalf – where plaintiff has given evidence that the company has no defence to that part of the claim – where suggested defences of conventional estoppel and mistake of fact have no real prospects of success. Legislation Cited: (CTH) Corporations Act 2001, s 254V(1), s 254L(2). (NSW) Uniform Civil Procedure Rules 2005, r 13.1 Cases Cited: Australia and New Zealand Banking Group Ltd v Westpac Banking Corp (1988) 164 CLR 662; [1988] HCA 17 Dixon v Blindley Health Investments Ltd [2015] EWCA Civ 1023 Ell v Ell [2015] NSWCA 38 Industrial Equity Ltd v Blackburn (1977) 137 CLR 567; [1977] HCA 59 Moratic Pty Ltd v Gordon [2007] NSWSC 5 Spencer v Commonwealth (2010) 241 CLR 118; [2010] HCA 28 Waterman v Gerling Australia Assurance Co Pty Limited (2005) 65 NSWLR 300; [2005] NSWSC 1066 Category: Principal judgment Parties: Beatrice Colette Zacaropoulos (P) Jobema Pty Ltd (D1) Jobema Holdings Pty Ltd (D2) John Anthony Zacaropoulos (D3) Representation: Counsel: J.T. Johnson (P) G.A. Sirtes SC w A Avery-Williams (Ds)