In the matter of Alon Pty Ltd [2021] NSWSC 1021

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Alon Pty Ltd [2021] NSWSC 1021 Hearing dates: 12 August 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Order transmission of shares be registered under s1071F, Corporations Act. Declare director's transfer of these shares to himself and the issue of further shares to himself was void. Order company's share register be corrected under s175, Corporations Act. Director to personally pay costs of the administrator of the Estate on an indemnity basis. Catchwords: CORPORATIONS – shares – mother held 82% of shares in company – son/director held 9% of shares – mother died – son refuses to register transmission of shares – son lodges Form 484 with ASIC transferring mother's shares to himself and issuing further shares to himself – order made correcting company's share register, registering transmission of mother's shares to administrator of the mother's Estate and declarations that director's actions were invalid. Legislation Cited: Corporations Act 2001 (Cth), ss 109X, 175, 1071B, 1071F, 1322 Corporations Regulations 2001 (Cth), reg 7.5.10 Cases Cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Beck v Tuckey Pty Ltd [2007] NSWSC 1065; (2007) 213 FLR 152 Darvall v North Sydney Brick & Tile Co Ltd (1989) 16 NSWLR 260 Frigger v Campbell-Smith [2010] WASC 353 Hancock v Rinehart [2015] NSWSC 646; (2015) 106 ACSR 207 In the matter of Equiticorp Australia Ltd (in liq) [2020] NSWSC 143 In the matter of Indoor Climate Technologies Pty Ltd [2019] NSWSC 356 In the matter of Motasea Pty Ltd [2014] NSWSC 69; (2014) 97 ACSR 589 In the matter of Motasea Pty Ltd [2014] NSWSC 69; (2014) 97 ACSR 589 In the matter of Pacific Springs Pty Ltd [2020] NSWSC 1240; (2020) 148 ACSR 454 Kay v Playup Australia Pty Ltd [2018] NSWSC 1579; (2018) 131 ACSR 532 Kirwan v Cresvale Far East Ltd (in liq) [2002] NSWCA 395; (2002) 44 ACSR 21 Kokotovich Constructions Pty Ltd v Wallington [1995] NSWSC 54; (1995) 17 ACSR 478 Mills v Mills (1938) 60 CLR 150; [1938] HCA 4 Ngurli Ltd v McCann (1953) 90 CLR 425; [1953] HCA 39 Weinstock v Beck (2013) 251 CLR 396; [2013] HCA 14 Category: Principal judgment Parties: Richard Neal (Plaintiff) Alon Pty Ltd (First Defendant) Alan Hewit (Second Defendant) Representation: Counsel: Mr C Tam (Plaintiff)