In the matter of ABI Australia Holding Pty Ltd [2017] NSWSC 1822

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ABI Australia Holding Pty Ltd [2017] NSWSC 1822 Hearing dates: 5 December 2017 Decision date: 05 December 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court makes orders for rectification of the register kept by the Australian Securities and Investments Commission in respect of the First Plaintiff and for validation of the registration of the First Plaintiff. Catchwords: CORPORATIONS — Shares — Rectification of share register – Application for rectification of register kept by Australian Securities and Investments Commission incorrectly recording initial number of ordinary shares issued on incorporation of First Plaintiff – where information given to Commission calculated on misapprehension of terms of broader transaction – where different number of shares in fact issued and recorded in company's share register – whether order for rectification of register should be made – whether order validating registration of company should be made. Legislation Cited: - Corporations Act 2001 (Cth), ss 117, 1274–1274A, 1322(4) - Corporations Regulations 2001 (Cth), reg 9.1.01 Cases Cited: - Demetriou v Gusdote Pty Ltd [2010] FCA 581; (2010) 78 ACSR 566 - Macquarie Americas Holdings Pty Ltd [2015] NSWSC 2073 - Miltonbrook Pty Ltd v Westbury Holdings Kiama Pty Ltd [2008] NSWCA 38; (2008) 71 NSWLR 262; 65 ACSR 545 - Re Botanical Water Holdings Pty Ltd; Agao Nominees Pty Ltd v AJ Phoenix Pty Ltd [2013] VSC 96 - Re Centura Global Holdings Pty Ltd [2016] NSWSC 62; (2016) 111 ACSR 185 - Re DJG Equities Pty Ltd [2014] NSWSC 194 - Re MIG Property Services Pty Ltd (No 2) [2012] VSC 606; (2012) 92 ACSR 234 Category: Principal judgment Parties: ABI Australia Holding Pty Ltd (First Plaintiff) ABI Southern Holding Ltd (UK company number 10394354) (formerly known as UK16 Ltd) (Second Plaintiff) Anheuser-Busch Europe Limited (UK company number 02399274) (Third Plaintiff) Australian Securities and Investments Commission (Defendant) Representation: Counsel: T E O'Brien (Plaintiff)