Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rafeletos v Great Wall Resources Pty Ltd [2009] FCA 1395
CORPORATIONS – agreement that applicant would be provided with a 20% interest in share capital of first respondent and would be appointed as a director of first respondent in consideration of applicant providing funds towards the purchase of property by first respondent – whether agreement was consensually abandoned – whether grounds exist for rectification of share register as per s 175 of the Corporations Act 2001 (Cth) CONTRACTS – whether contract repudiated by respondents giving rise to an election to terminate and sue for damages EQUITY – specific performance – effect of delay between agreement and the claiming of orders for specific performance – whether applicant ready, willing and able to perform obligations – whether agreement is capable of being performed
Corporations Act 2001 (Cth) s 175 GEORGE RAFELETOS v GREAT WALL RESOURCES PTY LTD and ORS
NSD 1988 of 2007
EMMETT J
19 JUNE 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1988 of 2007
BETWEEN: GEORGE RAFELETOS
Applicant
AND: GREAT WALL RESOURCES PTY LTD
First Respondent
FRANK CAPOCCHIANO
Second Respondent
JUDGE: EMMETT J
DATE OF ORDER: 19 JUNE 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The proceeding be listed for directions on 7 August 2009. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1988 of 2007
BETWEEN: GEORGE RAFELETOS
Applicant
AND: GREAT WALL RESOURCES PTY LTD
First Respondent
FRANK CAPOCCHIANO
Second Respondent
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