Bird v McComb [2011] FCA 129

Bird v McComb [2011] FCA 129

Ms Bird demonstrated a sufficient prima facie case and the balance of convenience favoured preserving the status quo by restraining changes to company registers and property dealings pending hearing of the principal application.

Jurisdiction
Australia
Judgment Date
18 February 2011
Procedural Posture
Corporations/interlocutory Injunction / Interlocutory Hearing and Orders Pending Final Determination
Outcome
Interlocutory injunction granted; Directions given for conduct of the proceeding; Costs reserved
Legal Topics
['interlocutory Injunction' 'rectification of Company Registers' 'corporate Governance' 'powers of Directors and Members' 'shareholding Disputes']
['corporations Law' 'practice and Procedure'] ['interlocutory Injunction' 'rectification of Company Registers' 'corporate Governance' 'powers of Directors and Members' 'shareholding Disputes']

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Procedural Posture

Corporations/interlocutory Injunction / Interlocutory Hearing and Orders Pending Final Determination

Legal Issues

  1. 1 ['Whether interlocutory injunctive relief should be granted to restrain alteration to company registers and disposition of assets pending the principal proceeding' 'Whether the plaintiff has made out a prima facie case for relief under s 175 and s 1324 of the Corporations Act' 'Where the balance of convenience lies regarding the granting of interlocutory orders']

Ratio Decidendi

Ms Bird demonstrated a sufficient prima facie case and the balance of convenience favoured preserving the status quo by restraining changes to company registers and property dealings pending hearing of the principal application.

Court Disposition

Interlocutory injunction granted; Directions given for conduct of the proceeding; Costs reserved

Orders

  • ['First defendant restrained from altering office bearers or transferring shares in the second, third or fourth defendants, without leave of the Court, until determination of the principal proceeding.' 'First defendant restrained from causing the defendant companies to enter into asset sale/disposition or...