In the matter of Beechworth Land Estates Pty Limited [2018] NSWSC 1630

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Beechworth Land Estates Pty Limited [2018] NSWSC 1630 Hearing dates: 22 February 2018 Date of orders: 22 February 2018 Decision date: 23 February 2018 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: (1) Declares that upon its true construction and in the events which have happened the Power of Attorney dated 9 May 2016 Registered Book 4732 No 617 from BAD Nominees Pty Ltd to Mr Mahommed and Mr Smits is irrevocable within the meaning of the Power of Attorneys Act until 6 May 2019.

(2) Declares that pursuant to the said Power of Attorney Mr Mahommed was authorized to retain and did retain Mr Smits to act as solicitor for the defendant, BAD Nominees Pty Ltd, in these proceedings on and from 14 September 2017.

(3) Orders that the Notice of Appearance purportedly filed on behalf of the defendant by Geoffrey Cohen, solicitor of Mylora Law, on 15 September 2017 be struck out and that until 5 May 2019 and so long as Mr Smits or any other lawyer retained by Mr Mahommed and/or Mr Smits pursuant to the said Power of Attorney continues to act for the defendant in these proceedings: (a) Geoffrey Cohen be restrained from purporting to act for the defendant in these proceedings; and

(b) Brian Dean be restrained from retaining or purporting to retain any other lawyer to act for the defendant in these proceedings.

(4) The interlocutory process filed by Mr Cohen on behalf of Mr Dean on 29 September 2017 be dismissed.

(5) Mr Dean pay the costs of Mr Mahommed and Mr Smits of both of the interlocutory processes. Catchwords: AGENCY – powers of attorney – revocation – at common law – under statute – where power of attorney is expressed to be irrevocable and was given for valuable consideration – whether power of attorney is irrevocable – where director and attorney appointed to act for him by irrevocable power of attorney both appointed solicitors to act for company – where director's appointment of solicitors would frustrate the purpose of the power of attorney – whether retainer between attorney and his solicitor had been terminated on its terms – whether court would allow two solicitors to be on the record as acting for one party Legislation Cited: (CTH) Corporations Act 2001 s 248B, s 436C, s 447A (CTH) Personal Property Securities Act 2009 (NSW) Powers of Attorney Act 2003 s 15, s 16, s 17 Cases Cited: Bentall, Horsley and Baldry v Vicary [1931] 1 KB 253 Company Pty Limited [2011] NSWCA 356 Elphick v Westfield Shopping Centre Management Company Pty Limited [2011] NSWCA 356 In the matters of Beechworth Land Estates Pty Limited and Griffiths Estates Pty Limited (Administrators appointed) (No2) [2015] NSWSC 336 Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 Mackay v Dick [1881] 6 App Cas 251 Murphy, Buckley and Keogh Limited v Pye (Ireland) Limited [1971] IR 57 Quest Rose Hill Pty Limited v White [2010] NSWSC 939 Re Craven's Estate; Lloyds Bank Limited v Cockburn [1937] Ch 423; (1937) 3 All ER 33 WT Lamb and Sons v Goring Brick Company Limited [1932] 1 KB 710 Category: Procedural and other rulings Parties: Beechworth Land Estates Pty Limited (plaintiff)