MVRFT Pty Ltd v GPO No 1 Martin Place Pty Limited (No 2) [2018] FCA 1352

MVRFT Pty Ltd v GPO No 1 Martin Place Pty Limited (No 2) [2018] FCA 1352

The undertaking to issue shares in Res Butler and Grand Performance was included as a result of a mistake and, given the interests of justice, the Defendants should be released from their undertaking in relation to those companies. The related notice to produce should also be set aside as the financial information sought is not relevant to the determination of the mistake.

Jurisdiction
Australia
Judgment Date
03 September 2018
Procedural Posture
Oppression Suit / Application for Release of Undertaking and to Set Aside Notice to Produce
Outcome
Defendants released from their undertaking concerning Res Butler Pty Ltd and Grand Performance Online Pty Ltd; notice to produce set aside; parties to bring in short minutes of order; costs to be determined later.
Legal Topics
['release of Undertaking' 'notice to Produce' 'mistake in Undertakings']
['corporations Law' 'practice and Procedure'] ['release of Undertaking' 'notice to Produce' 'mistake in Undertakings']

Case Brief

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Procedural Posture

Oppression Suit / Application for Release of Undertaking and to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether Defendants should be released from an undertaking to issue shares in two companies said to have been included in error' 'Whether notice to produce documents relating to those companies should be set aside']

Ratio Decidendi

The undertaking to issue shares in Res Butler and Grand Performance was included as a result of a mistake and, given the interests of justice, the Defendants should be released from their undertaking in relation to those companies. The related notice to produce should also be set aside as the financial information sought is not relevant to the determination of the mistake.

Court Disposition

Defendants released from their undertaking concerning Res Butler Pty Ltd and Grand Performance Online Pty Ltd; notice to produce set aside; parties to bring in short minutes of order; costs to be determined later.

Orders

  • ['The parties are to bring in short minutes of order giving effect to the reasons delivered within seven days.' 'The Defendants are released from their undertaking concerning Res Butler Pty Ltd and Grand Performance Online Pty Ltd.' 'The notice to produce requiring production of documents relating to the financial...