Medina Property Services Pty Ltd v Starin Ltd as trustee of the Macquarie Business Centre Unit Trust [2018] NSWSC 1979

Supreme Court New South Wales

Medium Neutral Citation: Medina Property Services Pty Ltd v Starin Ltd as trustee of the Macquarie Business Centre Unit Trust [2018] NSWSC 1979 Hearing dates: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Equity - Duty List Before: Stevenson J Decision: Plaintiffs granted leave to proceed under s 500(2) of the Corporations Act 2001 (NSW); injunction to be continued until final hearing Catchwords: CIVIL PROCEDURE – interlocutory applications – continuation of injunction originally granted ex parte – where defendant initially sought and obtained adjournment to adduce evidence to resist continuation of injunction – where members then resolved to cause defendant to be wound up – where no evidence adduced to resist continuation of injunction

CORPORATIONS - members voluntary winding up – whether plaintiffs should have leave to proceed under s 500(2) of the Corporations Act 2001(NSW) Legislation Cited: Corporations Act 2001 (Cth) Category: Procedural and other rulings Parties: Medina Property Services Pty Ltd (First Plaintiff) Toga Hotel Management Holdings Pty Limited (Second Plaintiff) Starin Limited as trustee of the Macquarie Business Centre Unit Trust (First Defendant) Sydney Rainbow Pty Limited as trustee for the MBUT Operations Unit Trust (Second Defendant) Representation: Counsel: J A C Potts SC with B Ng (Plaintiffs) S Aspinall (Defendants)

Solicitors: Speed and Stracey Lawyers (Plaintiffs) Norton Rose Fulbright (Defendants) File Number(s): SC 2018/377547