In the matter of Jimmy's Recipe Pty Limited [2018] NSWSC 1331

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jimmy's Recipe Pty Limited [2018] NSWSC 1331 Hearing dates: 21 February 2018 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Pursuant to Corporations Act s 237, the plaintiff have leave to bring proceedings on behalf of the first defendant against the second, third, fourth and fifth defendants. Catchwords: CORPORATIONS — Statutory derivative action — Application to bring proceedings on behalf of company — Where leave sought by officer or former officer of company – Where Company officers have established another company using a get-up and style substantially the same – leave granted Legislation Cited: (CTH) Corporations Act 2001 ss 232, 233, 236, 237, 461(1)(f) Cases Cited: Baccus Marsh Concentrated Milk Company Limited v Joseph Nathan and Company [1919] HCA 18; (1919) 26 CLR 410 Commissioner of Taxation v Just Jeans Pty Limited (1987) 16 FCR 110 Cadbury Schweps Pty Limited v Pub Squash Company Pty Limited [1980] 2 NSWLR 851 Gerard Cassegrain and Company Pty Limited v Cassegrain [2010] NSWSC 91 Fiduciary v Morningstar Research [2005] NSWSC 442 Category: Principal judgment Parties: Gek Sim Tsia (Plaintiff) Jimmy's Recipe Pty Ltd (First Defendant) Jimmy's Recipe Gateway Pty Ltd (Second Defendant) Alwin Nan Chu Chong (Third Defendant) Norannie Chong (Fourth Defendant) Chee Wee Seow (Fifth Defendant) Representation: Counsel: D Smallbone with W Chan (Plaintiff) S Goodman SC (Second Defendant) G E Babe (Third and Fourth Defendants)