Richards, in the matter of Mount Richon Investments Pty Ltd, v Arnold [2008] FCA 509

FEDERAL COURT OF AUSTRALIA

Richards, in the matter of Mount Richon Investments Pty Ltd, v Arnold [2008] FCA 509

CORPORATIONS – error made in respect of the register of members – whether necessary for an application for correction of the register of members to have been made

Corporations Act 2001 (Cth) s 175 In the matter of Mount Richon Investments Pty Ltd (ACN 112 853 326) JOANNE PETA RICHARDS v SHELLY JEAN ARNOLD and MOUNT RICHON INVESTMENTS PTY LTD (ACN 112 853 326)

WAD 40 OF 2008

SIOPIS J

17 APRIL 2008

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 40 OF 2008

In the matter of Mount Richon Investments Pty Ltd (ACN 112 853 326) BETWEEN: JOANNE PETA RICHARDS

Plaintiff

AND: SHELLY JEAN ARNOLD

First Defendant

MOUNT RICHON INVESTMENTS PTY LTD (ACN 112 853 326)

Second Defendant

JUDGE: SIOPIS J DATE OF ORDER: 17 APRIL 2008

WHERE MADE: PERTH

THE COURT DECLARES THAT:

1. The plaintiff is, and has been since 4 September 2007, entitled to be registered on the register of members as the holder of 95 of the 100 issued shares in the second defendant and the first defendant is, and has been since 4 September 2007, entitled to be registered as the holder of 5 of the 100 issued shares in the second defendant. 2. The action taken by Mr Armenti on 29 January 2008 to amend the register of members of the second defendant to reflect the position declared in para 1 above, has been ratified by the first defendant. THE COURT ORDERS THAT: 3. The first defendant's motion of 13 March 2008 is dismissed. 4. The first defendant pay the plaintiff's costs of the motion and the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 40 OF 2008