Nature’s Care Holdings Pty Ltd v Chen (No 5) [2024] NSWSC 533

Nature’s Care Holdings Pty Ltd v Chen (No 5) [2024] NSWSC 533

The undertakings given by Mr Wu were varied, rather than unconditionally discharged, because the receivers and managers requested his assistance with an imminent Therapeutic Goods Administration audit likely to significantly affect the Nature's Care business, the application was not opposed, and a qualified variation allowing consultancy services under specified terms appropriately addressed the evidence of the assistance required.

Jurisdiction
Australia
Judgment Date
06 May 2024
Procedural Posture
Civil Procedure; Equity Commercial List / Procedural Ruling on Notice of Motion to Vary Undertakings
Outcome
Undertakings varied
Legal Topics
['inter Partes Undertakings' 'variation of Undertakings' 'receivers and Managers' 'regulatory Audit' 'therapeutic Goods Administration Audit']
['civil Procedure' 'equity'] ['inter Partes Undertakings' 'variation of Undertakings' 'receivers and Managers' 'regulatory Audit' 'therapeutic Goods Administration Audit']

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Procedural Posture

Civil Procedure; Equity Commercial List / Procedural Ruling on Notice of Motion to Vary Undertakings

Legal Issues

  1. 1 ['Whether undertakings recorded in pars 6(c) and (e) of the orders made by Rees J on 22 January 2024 should be discharged or varied so far as concerns Mr Wu.' "Whether Mr Wu should be permitted to assist the receivers and managers of Nature's Care Group Pty Limited in relation to an imminent Therapeutic Goods Administration audit."]

Ratio Decidendi

The undertakings given by Mr Wu were varied, rather than unconditionally discharged, because the receivers and managers requested his assistance with an imminent Therapeutic Goods Administration audit likely to significantly affect the Nature's Care business, the application was not opposed, and a qualified variation allowing consultancy services under specified terms appropriately addressed the evidence of the assistance required.

Court Disposition

Undertakings varied

Orders

  • ['The undertakings given by the second defendant as recorded in pars 6(c) and (e) in the orders made by Rees J on 22 January 2024, the extension of which was noted in par 11 of the orders made by Rees J on 23 January 2024 and which were varied by Stevenson J on 3 May 2024, be varied by adding, in lieu of the words...