In the matter of Medical Training and Development Pty Ltd [2021] NSWSC 981

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Medical Training and Development Pty Ltd [2021] NSWSC 981 Hearing dates: 3 August 2021 Decision date: 06 August 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Parties to bring in agreed orders, or otherwise their respective orders and short submissions as to those orders, within 14 days. Catchwords: CORPORATIONS — Members' rights and remedies — Membership of company — Where no evidence that company maintains register of members — Where no evidence of valid share transfer — Whether plaintiff remains a shareholder of the company — Whether Court can order that company's register of members be corrected under Corporations Act 2001 (Cth) s 175 — Whether declaratory relief should be given — Whether other relief could be ordered on terms. CORPORATIONS — Management and administration — Application for inspection of books under Corporations Act 2001 (Cth) s 198F — Whether requirements for order are satisfied. Legislation Cited: - Corporations Act 2001 (Cth), ss 175, 198F, 231, 232, 233 1071B, 1303, 1322 Cases Cited: - Clarence City Council v Commonwealth of Australia (2020) 382 ALR 273; [2020] FCAFC 134 - Financial Services Authority v Rourke [2001] EWHC 704 - Re Centura Global Holdings Pty Ltd (2016) 111 ACSR 185; [2016] NSWSC 62 - Re Embedded Claims Pty Ltd [2021] NSWSC 969 - Re Hillsea Pty Ltd [2017] NSWSC 1870 - Re Motasea Pty Ltd (2014) 97 ACSR 589; [2014] NSWSC 69 - Re Seabay Kitchen Pty Ltd [2019] NSWSC 790 - Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) [2021] FCA 483 - Sharpe v Grobbel [2017] NSWSC 1065 Category: Principal judgment Parties: Rashid Iqbal (Plaintiff) Medical Training and Development Pty Ltd (First Defendant) Samina Tamsin (Second Defendant) AN Hussain Ahmed (Third Defendant) Rajaul Mallick (Fourth Defendant) Rehana Ahmed (Fifth Defendant) Arafat Hussaini (Sixth Defendant) Assif Hussaini (Seventh Defendant) Representation: Counsel: J T Johnson (Plaintiff) E White (First, Third, Fifth, Sixth, Seventh Defendants)