Doughty v Abboud [2010] NSWSC 721

New South Wales Supreme Court

CITATION : Doughty v Abboud [2010] NSWSC 721

HEARING DATE(S) : 04/11/09, 05/11/09, 11/11/09, 09/02/10, 10/02/10 Written submissions: 26/02/10, 17/03/10, 01/04/10

JUDGMENT DATE : 2 July 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

1. Order pursuant to section 175 of the Corporations Act 2001 (Cth) that the register of members of Douabb Pty Ltd ACN 112 879 964 be rectified by including Trent Doughty as a member holding one ordinary share (being the one ordinary share ostensible transferred by him to George Abboud and ostensibly held by George Abboud) and by recognising that the said share is not and has never been held by George Abboud. 2. Declare that: (a) the purported resignation of Trent Doughty on 1 July 2006 as a director and secretary of Douabb Pty Ltd ACN 112 897 964 is and has at all times been of no effect; and (b) Trent Doughty is and has at all material times since 10 February 2005 been a director and secretary of the said Douabb Pty Ltd. DECISION : 3. Order that the cross-claim of George Abboud be dismissed. 4. Order that the defendants/cross claimants pay the costs of the plaintiffs/cross defendants of the proceedings as a whole. There will also be an order for the winding up of Douabb and an order for the appointment of a liquidator. However, these cannot be made until the plaintiffs file a liquidator's consent to act. I direct that such a consent be filed by delivery to my Associate within seven days. The following orders will then be made in chambers: 5. Order pursuant to section 461(k) of the Corporations Act 2001 (Cth) that Douabb Pty Ltd ACN 112 879 964 be wound up. 6. Order that [name] of [address] be appointed liquidator of Douabb Pty Ltd ACN 112 879 964.