In the matter of NorthWest Healthcare Australia Re Limited (as trustee of each of NWH Australia Hold Trust No 2 and NorthWest Australia Hospital Investment No 2 Bid Trust) [2021] NSWSC 816 — Remedies & Equitable Remedies — Barrister AI
In the matter of NorthWest Healthcare Australia Re Limited (as trustee of each of NWH Australia Hold Trust No 2 and NorthWest Australia Hospital Investment No 2 Bid Trust)
› Injunctions under s 1324 of Corporations Act 2001 (Cth)
› Interim injunction pending final determination.
Equity
› Equitable remedies
› Interlocutory injunctions
› General law
› Section 66 of Supreme Court Act (NSW)
› Serious question to be tried
› Whether seriously arguable case that responsible entity acted with improper purpose
› Whether seriously arguable case that transactions entered into by responsible entity of target trust constitute “frustrating conduct” and breach of duties.
Equity
› Equitable remedies
› Injunctions
› General law
› Section 66 of Supreme Court Act (NSW)
› Balance of convenience
› Where interlocutory injunctive relief would prejudice unitholder third parties
› Where such prejudice would not practically be addressed by undertaking as to damages
› Where interlocutory relief would delay unitholders’ having opportunity to accept relevant offers or receive payment under them.
