Targus Group (UK) v Targus Group [2018] NSWSC 1171

Supreme Court New South Wales

Medium Neutral Citation: Targus Group (UK) v Targus Group [2018] NSWSC 1171 Hearing dates: 27/07/2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Order that the general meeting of the first defendant be postponed until 2pm on Thursday 2 August. Otherwise refuse application for interlocutory relief. Catchwords: CORPORATIONS – interlocutory application by third defendant to restrain plaintiff from proposing a resolution for appointment of additional directions and voting on those resolutions – whether plaintiff and third defendant agreed that each party was entitled to appoint two directors – whether plaintiff estopped from denying this is the case – unnecessary to determine on interlocutory application although serious question to be tried with regard to the former – where minimal detriment to third defendant if meeting proceeds – where some evidence of irregularities that appointment of independent directors could remedy – balance of convenience points strongly towards refusal of interlocutory relief – application refused. Category: Procedural and other rulings Parties: Targus Group (UK) Ltd UK Company Number 02989548 (Plaintiff) Targus Group Pty Ltd ACN 003 527 008 (First Defendant) Heathmere Pty Ltd (Second Defendant) Alenka Tindale (Third Defendant) Representation: Counsel: I M Jackman SC / M R Tyson (Plaintiff) F Roughley (First Defendant) K Morgan SC / B Ng (Third Defendant)