Ruma Mundi & Anor v John Peter August Hesse & Ors [2018] NSWSC 1548

Ruma Mundi & Anor v John Peter August Hesse & Ors [2018] NSWSC 1548

The motion to appoint provisional liquidator was dismissed as the sole basis—the Termination Letter—was withdrawn and no longer existed. Costs for the motion are to follow the costs of the substantive proceedings as per r 42.7 UCPR; no sufficient reason was found to depart from this position.

Parties
First Plaintiff: Ruma Mundi; Second Plaintiff: NRM Premier Holdings Pty Ltd as trustee for the Mundi Family Trust; First Defendant: John Peter August Hesse; Second Defendant: Michelle Alice Hesse; Fifth Defendant: Quakers First National Pty Ltd
Jurisdiction
Australia
Judgment Date
15 October 2018
Procedural Posture
Civil / Interlocutory Motion
Outcome
Motion dismissed
Legal Topics
Appointment of Provisional Liquidator, Interlocutory Costs Orders
Corporations Law Civil Procedure Appointment of Provisional Liquidator Interlocutory Costs Orders

Case Brief

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Parties

Ruma Mundi

First Plaintiff

NRM Premier Holdings Pty Ltd as trustee for the Mundi Family Trust

Second Plaintiff

John Peter August Hesse

First Defendant

Michelle Alice Hesse

Second Defendant

Quakers First National Pty Ltd

Fifth Defendant

Procedural Posture

Civil / Interlocutory Motion

Legal Issues

  1. 1 Whether a provisional liquidator should be appointed to HDA and HDPM based solely on the Termination Letter
  2. 2 Determination of appropriate costs order for the dismissed interlocutory motion

Ratio Decidendi

The motion to appoint provisional liquidator was dismissed as the sole basis—the Termination Letter—was withdrawn and no longer existed. Costs for the motion are to follow the costs of the substantive proceedings as per r 42.7 UCPR; no sufficient reason was found to depart from this position.

Court Disposition

Motion dismissed

Orders

  • The applicants' motion filed on 13 August 2018 is dismissed.
  • The defendants' motion filed on 3 August 2018 as amended is stood over to the hearing on 12 November 2018.