In the matter of New Seabay Kitchen Pty Limited [2019] NSWSC 1904

Supreme Court New South Wales

Medium Neutral Citation: In the matter of New Seabay Kitchen Pty Limited [2019] NSWSC 1904 Hearing dates: 12 July 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made to rectify the register maintained by the Australian Securities and Investments Commission. The Third Defendant be restrained from undertaking the specified acts. Catchwords: CORPORATIONS – application for rectification of register maintained by ASIC – where register maintained by ASIC evidences change to shareholders and officeholders – where no corporate step undertaken to effect such changes – whether court should order rectification of register maintained by ASIC. Legislation Cited: - Corporations Act 2001 (Cth) ss 1071B, 1308(2), 1322(4)(b), 1324 Cases Cited: - Re Centura Global Holdings Pty Ltd [2016] NSWSC 62; (2016) 111 ACSR 185 - Re Seabay Kitchen Pty Ltd [2019] NSWSC 790 Category: Principal judgment Parties: Jing Zhang (First Plaintiff) Guoying Tian (Second Plaintiff) New Seabay Kitchen Pty Limited (First Defendant) Chinese Noodle Bar Pty Ltd (Second Defendant) Kaifeng Shu (Third Defendant) Australian Securities and Investments Commission (Fourth Defendant) Kirsten Jennifer Beadle in her capacity as trustee in bankruptcy of Kaifeng Shu (Fifth Defendant) Shunli Lyu (Sixth Defendant) Yan Song (Seventh Defendant) Yajuan Zhang (Eighth Defendant) Yong Xu (Ninth Defendant) Zhanping Liang (Tenth Defendant) Jiyong Zhai (Eleventh Defendant) Yunqing Liu (Twelfth Defendant) Representation: Counsel: E T Finnane (Plaintiffs) F V H Ngo (Solicitor) (Third Defendant)