In the matter of Camelia Grove Operations Pty Ltd, Public Lifestyle Management Pty Ltd and 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the trustee for 146 Henderson Street Unit Trust (all receivers and managers appointed) (all administrators appointed) [2024] NSWSC 1342

In the matter of Camelia Grove Operations Pty Ltd, Public Lifestyle Management Pty Ltd and 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the trustee for 146 Henderson Street Unit Trust (all receivers and managers appointed) (all administrators appointed) [2024] NSWSC 1342

The Defendants took steps to take possession of property used by companies in voluntary administration, without the administrators' consent or leave of the Court, in contravention of s 440B of the Corporations Act 2001 (Cth). The Plaintiffs established a seriously arguable (even strong) case for a contravention. The balance of convenience favored the grant of interlocutory mandatory and restraining injunctions to restore access and remove physical and procedural impediments, pending final hearing.

Parties
First Plaintiff: Duncan Clubb and Andrew Sallway in their Capacities as Joint and Several Administrators of Camelia Grove Operations Pty Ltd, Public Lifestyle Management Pty Ltd and 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the Trustee for 146 Henderson Street Unit Trust (All Receivers and Managers Appointed) (All Administrators Appointed); Second Plaintiff: Camelia Grove Operations Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed); Third Plaintiff: Public Lifestyle Management Pty Ltd; Fourth Plaintiff: 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the Trustee for 146 Henderson Street Unit Trust; First Defendant: Richard Albarran and Kathleen Vouris in their Capacities as Joint and Several Receivers and Managers of 152 Henderson Street Pty Ltd; Second Defendant: 152 Henderson Street Pty Ltd (Receivers and Managers Appointed)
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Injunction / Interlocutory (ex Parte and on Notice), Orders for Final Hearing Listed
Outcome
Injunctive relief granted and ancillary orders made.
Legal Topics
Injunctions, Voluntary Administration, Receivership, Remedies
Corporations Injunctions Voluntary Administration Receivership Remedies

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Parties

Duncan Clubb and Andrew Sallway in their Capacities as Joint and Several Administrators of Camelia Grove Operations Pty Ltd, Public Lifestyle Management Pty Ltd and 146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the Trustee for 146 Henderson Street Unit Trust (All Receivers and Managers Appointed) (All Administrators Appointed)

First Plaintiff

Camelia Grove Operations Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed)

Second Plaintiff

Public Lifestyle Management Pty Ltd

Third Plaintiff

146 Henderson Street Pty Ltd in its personal capacity and in its capacity as the Trustee for 146 Henderson Street Unit Trust

Fourth Plaintiff

Richard Albarran and Kathleen Vouris in their Capacities as Joint and Several Receivers and Managers of 152 Henderson Street Pty Ltd

First Defendant

152 Henderson Street Pty Ltd (Receivers and Managers Appointed)

Second Defendant

Procedural Posture

Injunction / Interlocutory (ex Parte and on Notice), Orders for Final Hearing Listed

Legal Issues

  1. 1 Whether a mandatory injunction should be ordered on an interlocutory basis
  2. 2 Whether the Defendants contravened s 440B of the Corporations Act 2001 (Cth) by taking possession of property used by companies in voluntary administration without consent or leave of the Court
  3. 3 Whether s 1324 of the Corporations Act 2001 (Cth) relieves to a contravention of s 440B

Ratio Decidendi

The Defendants took steps to take possession of property used by companies in voluntary administration, without the administrators' consent or leave of the Court, in contravention of s 440B of the Corporations Act 2001 (Cth). The Plaintiffs established a seriously arguable (even strong) case for a contravention. The balance of convenience favored the grant of interlocutory mandatory and restraining injunctions to restore access and remove physical and procedural impediments, pending final hearing.

Court Disposition

Injunctive relief granted and ancillary orders made.

Orders

  • The Defendants are restrained until the final hearing from directly or indirectly impeding the Plaintiffs' access to the terrace (terrace, outdoor eating area, food storage, and ground floor bottle shop) at 152 Henderson Street, Alexandria.
  • The Defendants are restrained until the final hearing from taking possession of or otherwise recovering the terrace.