Duka, A. v Bains Harding Ltd & Anor [1995] FCA 582

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG3290 of 1993 ) GENERAL DIVISION ) BETWEEN: ANTE DUKA (also known as Anthony Duka) Applicant AND: BAINS HARDING LIMITED First Respondent OIL TOOLS AUSTRALIA PTY LIMITED Second Respondent

CORAM: HILL J PLACE: SYDNEY DATED: 14 JULY 1995 REASONS FOR JUDGMENT On 11 February 1994, Sheppard J made, by consent, the following orders: 1. A declaration that the applicant is still the legal and beneficial owner of 100,000 shares in the first respondent. 2. An order that the first respondent rectify its share register by expunging the entry thereon in the name of the second respondent. 3. An order that the applicant's name be entered on the share register of the first respondent as the holder of 100,000 shares. 4. The respondents to pay the applicant's costs of the action to be taxed.

These orders were incorporated in a minute which had been signed by the solicitors for the parties. The signature on behalf of Bains Harding Limited and Oil Tools Australia Pty Limited was the signature of Mr Keel, a partner in the firm of Clayton Utz and Co. The matter in dispute before me today is the effect of those orders. To appreciate the issues, it is necessary to go back in time. The present proceedings were commenced in this Court by application and statement of claim filed on 11 October 1993. The application as filed named only Bains Harding Limited as respondent. It sought, in addition to a declaration concerning whether certain share transfers were forged, declarations that Bains Harding Limited was negligent and orders that that company pay damages. Also sought was an order for rectification of the register of that company. The circumstances which gave rise to the proceedings can shortly be stated. They are not in dispute. The applicant had been a shareholder in Bains Harding Limited and on the register of that company as the owner of 100,000 shares. It seems that while he was overseas, and as a result of transfers alleged to be forgeries, those shares were transferred to Oil Tools Australia Pty Limited and the register of Bains Harding Limited was amended accordingly.