Visnic v Sywak & Ors [2007] NSWSC 701

New South Wales Supreme Court

CITATION : Visnic v Sywak & Ors [2007] NSWSC 701

HEARING DATE(S) : 21, 22, 23, 24 February 2006; 26, 27, 28 June 2006; 21 August 2006

JUDGMENT DATE : 3 July 2007

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : (1) Declare that plaintiff is entitled at law and in equity to (i) one of two issued shares in capital of fourth defendant, Castlove (ii) nine of eighteen issued shares in capital of fifth defendant, Donovi (iii) two of eight issued shares in capital of each of second defendant, Adellos and third defendant, Parlamartu. (2) Declare that plaintiff is beneficially entitled to further two of the eight issued shares in capital of each of Adellos and Parlamartu, being two of the shares held legally by first defendant, Peter Sywak, in each of those companies. (3) Order that first defendant transfer to Plaintiff two of the shares held by first defendant in each of Adellos and Parlamartu. (4) Order that registers of each of Adellos, Parlamartu, Castlove and Donovi be rectified pursuant to Corporations Act, s 175 to the following effect: (i) Adellos, so that plaintiff be registered as holder of four of eight issued shares and first defendant as holder of four of eight issued shares; (ii) Parlamartu, so that plaintiff is registered as holder of four of eight issued shares and first defendant as holder of four of eight issued shares; (iii) Castlove, so that plaintiff is registered as holder of one of two issued shares and first defendant as holder of one of two issued shares; (iv) Donovi, so that plaintiff is registered as holder of nine of eighteen issued shares, and first defendant as holder of nine of eighteen issued shares. (5) Order that each of second, third, fourth and fifth defendants be wound up pursuant to Corporations Act, s 461(1)(k). (6) Order that Michael Gregory Jones be appointed liquidator of each of second, third, fourth and fifth defendants. (7) Reserve liberty to apply, if it is desired to refer the matter for an inquiry. (8) Order that first defendant pay plaintiff's costs.