News
The Supreme Court of New South Wales (Richmond J) has delivered judgment in David & Ros Carr Holdings Pty Ltd v Ritossa [2024] NSWSC 1125, in which Amir Chowdhury appeared (led by Peter Wood and Tom O’Brien and instructed by Arnold Bloch Leibler) for the successful first and second defendants.
The plaintiffs sought declarations and orders for, among other things, the distribution of net assets of a unit trust to the unit holders and the termination of that trust. The plaintiffs also sought a declaration that the unit trust was terminable on reasonable notice by any of the unit holders.
In the alternative, the plaintiffs contended that the affairs of the corporate trustee had been conducted oppressively and sought orders under ss 232 and 233 of the Corporations Act for the winding up of the trustee and the unit trust. In the further alternative the plaintiffs sought the appointment of a receiver to the unit trust pursuant to s 67 of the Supreme Court Act or the inherent jurisdiction of the Court.
Each of the plaintiffs’ claims was dismissed with costs.
See the full judgment here.
Congratulations to Michelle Painter SC for her inclusion in the Doyle's Guide rankings for Leading Wills & Estates Litigation Senior Counsel – New South Wales, 2024.
See the full guide here.
We pleased to welcome our new reader, Sefton Powrie.
Sefton joins us from Gilbert + Tobin, where he was advising on a broad range of commercial, insolvency and insurance law matters as a senior lawyer in the Disputes + Investigations team. Prior to joining Gilbert + Tobin, Sefton was an Associate at Baker McKenzie’s Melbourne office advising and acting for corporate clients and the ACCC.
Sefton accepts briefs in all areas of the law, with an emphasis on:
● Arbitration
● Banking & Financial Services
● Bankruptcy & Insolvency
● Class Actions
● Commercial Law
● Competition & Consumer Law
● Contracts & Commercial Transactions
● Corporations Law
● Insurance & Professional Indemnity
● Real Property & Strata Disputes
● Wills & Estates
Sefton can be contacted on 02 8915 2155 or powrie@selbornechambers.com.au, or through his Clerk, Ella Baxendale on 02 8915 2101. More information about Sefton, including his CV, can be found here.
We all look forward to working with Sefton during his reading year and in the years to come.
Congratulations to Andre Zahra SC and Mark Newton for their recognition in the latest edition of Doyle's Guide, as Leading Professional Indemnity Senior Counsel and Junior Counsel in New South Wales, 2024.
See the Senior Counsel rankings here.
See the Junior Counsel rankings here.