Mir v Mir (No 3) [2024] NSWSC 899

Mir v Mir (No 3) [2024] NSWSC 899

The Court found the J&M Trust is part of the Mir Group, an overarching agreement exists that profits are to be distributed equally between the three immediate families, and all business decisions require agreement of Anthony Mir, Leo Mir, and John Mir or their nominees unless otherwise delegated; cost orders reflect success up to the first judgment and own costs thereafter.

Jurisdiction
Australia
Judgment Date
25 July 2024
Procedural Posture
Equity Commercial List / Final Orders and Costs Determination After Previous Judgments
Outcome
Declarations as to composition, property, and governance of Mir Group; cost orders.
Legal Topics
['trusts' 'partnerships' 'costs' 'business Governance' 'distribution of Profits']
['equity' 'commercial Law'] ['trusts' 'partnerships' 'costs' 'business Governance' 'distribution of Profits']

Case Brief

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Procedural Posture

Equity Commercial List / Final Orders and Costs Determination After Previous Judgments

Legal Issues

  1. 1 ['Whether J&M Trust forms part of the Mir Group' 'Whether there exists an overarching agreement governing Mir Group entities and decision-making' 'How profits of Mir Group should be distributed' 'Whether John and Marie Mir should be removed as trustees of J&M Trust' 'Winding up partnership and distribution of assets' 'Appropriate orders for costs']

Ratio Decidendi

The Court found the J&M Trust is part of the Mir Group, an overarching agreement exists that profits are to be distributed equally between the three immediate families, and all business decisions require agreement of Anthony Mir, Leo Mir, and John Mir or their nominees unless otherwise delegated; cost orders reflect success up to the first judgment and own costs thereafter.

Court Disposition

Declarations as to composition, property, and governance of Mir Group; cost orders.

Orders

  • ["The Court declares that the 'Mir Group' comprises the companies, trusts, and partnerships specified in Schedules 2, 3, and 4 and the J&M Trust." 'The property of the J&M Trust includes specified parts of land as identified in Annexure A.' 'There is an agreement between all parties that profits are to be...