Kang v JK Global Pty Ltd & Ors [2013] NSWSC 1152

Supreme Court New South Wales

Medium Neutral Citation: Kang v JK Global Pty Ltd & Ors [2013] NSWSC 1152 Hearing dates: 13 August 2013 Decision date: 13 August 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Plaintiff's notice of motion dismissed. Orders made for Plaintiff to pay the Defendants' costs for the day, as agreed or as assessed. Orders made for the correction of the title of proceedings. Catchwords: PROCEDURE - interlocutory relief - interlocutory orders sought for the nomination of trustees to hold on trust all of the shares of the company and for the appointment of directors to the company for day-to-day management of the company - where the defendants argue that the plaintiff does not hold shares in the company - where ASIC searches at different times show different results about the ownership of shares - the Court's power to grant interlocutory relief under s 66 of the Supreme Court Act 1970 (NSW) - whether the balance of convenience favours the grant of relief where the orders would be substantially adverse to the defendants - whether the terms of the proposed orders are too indeterminate - whether the proposed appointment of directors would be outside the established structure of the company's constitution and the Corporations Act 2001 (Cth). Legislation Cited: - Corporations Act 2001 (Cth) ss 9, 180-83, 232, 233, 23(1)(b), 233(1)(c), 233(1)(f), 234(c), 1274, 1324 - Supreme Court Act 1970 (NSW) s 66 Cases Cited: - Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 - Briginshaw v Briginshaw (1938) 60 CLR 336 - Stratford Sun Ltd v OM Holdings [2011] FCA 414; (2011) 83 ACSR 84 Category: Interlocutory applications Parties: Seo Hee Kang (Plaintiff) JK Global Pty Ltd (First Defendant) Ji Woong Jung (Second Defendant) Young Chul Park (Third Defendant) Baejung Jung (Fourth Defendant) Representation: Counsel: T. Holmes (Plaintiff) B. Pierce (Defendants) Solicitors: Panacea Lawyers (Plaintiff) CSY Legal (Defendants) File Number(s): 2013/76391