Chamoun v Chamoun, in the matter of Chamoun Investments Pty Limited [2022] FCA 210

Chamoun v Chamoun, in the matter of Chamoun Investments Pty Limited [2022] FCA 210

On the unchallenged affidavit evidence, Malek and George Chamoun were the relevant directors and shareholders of Chamoun Investments, the Forms 484 lodged on 1 May 2020 and 6 May 2020 changing the company's officers, shareholders and registered address were not authorised for filing by the company's directors or secretary, and the correct position was reflected in the ASIC extract of 9 March 2022. The declarations and orders withdrawing the Forms 484 were therefore made.

Jurisdiction
Australia
Judgment Date
10 March 2022
Procedural Posture
Application for Declarations and Orders Under S 1322(4)(b) of the Corporations Act 2001 (cth) Concerning ASIC Register Entries and Forms 484 / Final Orders and Reasons After Settlement and Consent Orders, With Declarations Determined on Unchallenged Affidavit Evidence
Outcome
Application allowed; declarations and orders made; proceedings otherwise discontinued or dismissed as ordered; cross-claim dismissed; no order as to costs.
Legal Topics
['asic Register Rectification' 'form 484' 'company Directors and Secretary' 'shareholding Records' 'unauthorised Corporate Filings' 'declarations' 'discontinuance and Dismissal' 'cross Claim Dismissal']
['corporations' 'civil Procedure'] ['asic Register Rectification' 'form 484' 'company Directors and Secretary' 'shareholding Records' 'unauthorised Corporate Filings' 'declarations' 'discontinuance and Dismissal' 'cross Claim Dismissal']

Case Brief

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Procedural Posture

Application for Declarations and Orders Under S 1322(4)(b) of the Corporations Act 2001 (cth) Concerning ASIC Register Entries and Forms 484 / Final Orders and Reasons After Settlement and Consent Orders, With Declarations Determined on Unchallenged Affidavit Evidence

Legal Issues

  1. 1 ['Whether Malek Chamoun and George Chamoun were the directors of Chamoun Investments Pty Ltd and whether the relevant secretary and shareholding declarations should be made.' "Whether the Forms 484 lodged with ASIC on 1 May 2020 and 6 May 2020 changing the company's officers, shareholders and registered address were authorised." 'Whether the Forms 484 should be withdrawn from the registers kept under the Corporations Act 2001 (Cth) and not appear on public view.' 'Whether the proceedings and cross-claim should otherwise be discontinued or dismissed with no order as to costs.']

Ratio Decidendi

On the unchallenged affidavit evidence, Malek and George Chamoun were the relevant directors and shareholders of Chamoun Investments, the Forms 484 lodged on 1 May 2020 and 6 May 2020 changing the company's officers, shareholders and registered address were not authorised for filing by the company's directors or secretary, and the correct position was reflected in the ASIC extract of 9 March 2022. The declarations and orders withdrawing the Forms 484 were therefore made.

Court Disposition

Application allowed; declarations and orders made; proceedings otherwise discontinued or dismissed as ordered; cross-claim dismissed; no order as to costs.

Orders

  • ['The first plaintiff and second plaintiff are the directors of the third plaintiff.' 'The first plaintiff is the secretary of the third plaintiff.' 'The first plaintiff and second plaintiff each hold one of two issued ordinary shares in the capital of the third plaintiff.' 'Pursuant to section 1322(4)(b) of the...