Velissaris v Maryvell Investments Pty Ltd (in liq) [2007] FCA 2095

Velissaris v Maryvell Investments Pty Ltd (in liq) [2007] FCA 2095

The interlocutory injunction restraining settlement of the sale was refused because the order would necessarily affect the purchaser's interests, the purchaser was not a party to the proceeding, and no notice had been given to the purchaser; this absence tilted the balance of convenience so far against the applicant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 December 2007
Procedural Posture
Application for Interlocutory Relief Seeking Leave Under S 471 B of the Corporations Act 2001 (cth) and an Interlocutory Injunction / Interlocutory Application
Outcome
Application for interlocutory injunction dismissed; application for leave to proceed and the proceeding generally adjourned in the corporations list; costs reserved.
Legal Topics
['leave to Commence Proceeding Against Company in Liquidation' 'interlocutory Injunction' 'liquidator Sale of Corporate Property' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'balance of Convenience' 'non Party Purchaser Interests']
['corporations Law' 'consumer Protection' 'equity and Trusts' 'civil Procedure'] ['leave to Commence Proceeding Against Company in Liquidation' 'interlocutory Injunction' 'liquidator Sale of Corporate Property' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'balance of Convenience' 'non Party Purchaser Interests']

Source-derived case record

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Procedural Posture

Application for Interlocutory Relief Seeking Leave Under S 471 B of the Corporations Act 2001 (cth) and an Interlocutory Injunction / Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted to commence the proceeding against the first respondent, a corporation in liquidation, under s 471B of the Corporations Act 2001 (Cth).' 'Whether the first respondent and its liquidator should be restrained by interlocutory injunction from settling the contract of sale of 333-335 Sydney Road, Brunswick.' "Whether the absence of the purchaser as a party, and lack of notice to the purchaser, prevented the grant of interlocutory relief affecting the purchaser's interests."]

Ratio Decidendi

The interlocutory injunction restraining settlement of the sale was refused because the order would necessarily affect the purchaser's interests, the purchaser was not a party to the proceeding, and no notice had been given to the purchaser; this absence tilted the balance of convenience so far against the applicant that the injunction could not be granted even if a serious question to be tried were established.

Court Disposition

Application for interlocutory injunction dismissed; application for leave to proceed and the proceeding generally adjourned in the corporations list; costs reserved.

Orders

  • ['The application for the order sought in paragraph 2 of the application for interlocutory relief be dismissed.' 'The application for the order sought in paragraph 1 of the application for interlocutory relief, and the proceeding generally, be placed in the corporations list, allocated to the docket of a judge, and...