In the matter of DJG Equities Pty Ltd [2014] NSWSC 194

Supreme Court New South Wales

Medium Neutral Citation: In the matter of DJG Equities Pty Ltd [2014] NSWSC 194 Hearing dates: 20 February 2014 Decision date: 20 February 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made for rectification of records maintained by the Australian Securities and Investment Commission in respect of the shareholding of the first defendant Catchwords: CORPORATIONS -application for rectification of records maintained by ASIC - where judgment had been made that transfer of shares was a voidable transaction - whether records maintained by ASIC are capable of rectification - whether the Court has power to rectify records where content of notification required to be given to ASIC was incorrect. Legislation Cited: - Corporations Act 2001 (Cth) ss 588FE, 588FF, 1274, 1274A, 1322(4)(b) - Corporations Regulations 2001 (Cth) regs 9.1.01, 9.1.02(a) Cases Cited: - Demetriou v Gusdote Pty Ltd [2010] FCA 581; (2010) 78 ACSR 566 - In the matter of DJG Equities Pty Ltd [2014] NSWSC 36 - Miltonbrook Pty Ltd v Westbury Holdings Kiama Pty Ltd [2008] NSWCA 38; (2008) 71 NSWLR 262; 65 ASCR 545 - Re Botanical Water Holdings Pty Ltd; Agao Nominees Pty Ltd v AJ Phoenix Pty Ltd [2013] VSC 96 - Re MIG Property Services Pty Ltd (No 2) [2012] VSC 606; (2012) 92 ACSR 234 Category: Interlocutory applications Parties: Antony Resnick and Brian Raymond Silvia in their capacity as liquidators of DJG Securities Pty Ltd (in liquidation) (First Plaintiff) Antony Resnick and Brian Raymond Silvia in their capacity as receivers of the assets of the D&T Family Discretionary Trust (Second Plaintiff) DJG Equities Pty Ltd (First Defendant) Stephen Craig Hitchings (Second Defendant) Argyle Investments & Securities Pty Ltd (Third Defendant) Autohaus Wholesalers Pty Ltd (Fourth Defendant) Representation: Counsel: T Sperber (Plaintiffs) D Raftesath (Defendants) Solicitors: Swaab Attorneys (Plaintiffs) Meridian Lawyers (Defendants) File Number(s): 2013/356731