NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Arogen Pty Ltd & Ors v O'Meley & Anor [2013] NSWSC 1197 Hearing dates: 30 and 31 July 2013; 1 and 2 August 2013 Decision date: 30 August 2013 Jurisdiction: Equity Division Before: Young AJ Decision: 1. Declaration that plaintiff owns shares; 2. Order that 1st & 2nd defendants give equitable compensation for their breaches of fiduciary duties. Catchwords: EQUITY - Plaintiff sues for declarations that she alleged trust- deeds produced in which the legal holder of shares says that she holds them on trust- original deeds not produced- evidence shows they are forgeries- claim of trust dismissed. Legislation Cited: Conveyancing Act 1919 Cases Cited: Hyhonie Holdings Pty Ltd v Leroy [2004] NSWCA 72 Midland Bank PLC v Wyatt [1995] 1 Fam LR 697 (Eng.) Official Assignee in Bankruptcy v Wilson [2007] NZCA 122 Texts Cited: Young, Croft, Smith, On Equity (2009) Law Book Co. at 6.340. Category: Principal judgment Parties: Arogen Pty Ltd O'Meley Investments Pty Ltd O'Meley & Partners Pty Ltd Roslyn Anne O'Meley (Plaintiffs)
Anthony James O'Meley, Ellie Frances O'Meley, Commercial Mortgage Trade Pty Ltd (Defendants) Representation: Counsel: MK Condon SC/S Clemmett (Plaintiffs) B Levet (1st & 2nd Defendants) Solicitors: Sparke Helmore Lawyers (Plaintiffs) Clamenz Evans Ellis Lawyers (1st & 2nd Defendants) 3rd defendant submitting File Number(s): 2013/25117 Publication restriction: Nil
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