In the matter of Ji Woo International Education Centre Pty Ltd [2016] NSWSC 1060

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Ji Woo International Education Centre Pty Ltd [2016] NSWSC 1060 Hearing dates: 21, 22, 23 April 2015 Date of orders: 02 August 2016 Decision date: 02 August 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: In proceedings 2014/145716, the Court orders that: (1) the proceedings be amended so as to record the correct name of the first defendant as "Ji Woo International Education Centre Pty Ltd"; (2) the proceedings be dismissed; (3) there be no order as to costs, to the intent that each party bear its own costs; (4) there be liberty to apply, within 7 days, to set aside or vary order 3 and for some different costs order.

In proceedings 2014/218404, the Court orders that: (1) the proceedings be amended so as to record the correct name of the second plaintiff as "Ji Woo International Education Centre Pty Ltd"; (2) the first defendant Jehun Hwang execute and deliver to the plaintiffs' solicitors a transfer of his nine shares in Ji Woo International Education Centre Pty Ltd; (3) the first defendant Jehun Hwang execute and deliver to the plaintiffs' solicitors a resignation as director of Ji Woo International Education Centre Pty Ltd; (4) the proceedings be otherwise dismissed; (5) there be no order as to costs, to the intent that each party bear its own costs; (6) there be liberty to apply, within 7 days, to set aside or vary order 5 and for some different costs order. Catchwords: CORPORATIONS – claim by Hwang for declarations that Hwang is and remains a director of and shareholder in Ji Woo and for rectification of register – where registration of cessation as shareholder and director irregularly procured – whether Hwang had agreed to relinquish all interests in company – held, he had – declaration refused and Hwang ordered to formally resign and transfer shares