Actwane Pty Ltd (Receiver and Manager Appointed) (In Liquidation) and William James Moss v Hotel Redfern Pty Ltd, Actwane Holdings Pty Ltd and Stephen Michael Larkin [2002] NSWSC 265

Actwane Pty Ltd (Receiver and Manager Appointed) (In Liquidation) and William James Moss v Hotel Redfern Pty Ltd, Actwane Holdings Pty Ltd and Stephen Michael Larkin [2002] NSWSC 265

On the balance of probabilities, the alleged conversation in March 2001 did not take place; Actwane Pty Ltd was intended to hold the shares. Therefore, rectification of the register is appropriate and an order is made accordingly.

Jurisdiction
Australia
Judgment Date
08 April 2002
Procedural Posture
Equity Proceeding / Judgment
Outcome
Rectification ordered
Legal Topics
['rectification of Register' 'shareholding Disputes' 'equitable Remedies']
['corporations'] ['rectification of Register' 'shareholding Disputes' 'equitable Remedies']

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Procedural Posture

Equity Proceeding / Judgment

Legal Issues

  1. 1 ['Whether the register of members of the first defendant should be rectified to record Actwane Pty Ltd as holder of the shares currently registered to Actwane Holdings Pty Ltd']

Ratio Decidendi

On the balance of probabilities, the alleged conversation in March 2001 did not take place; Actwane Pty Ltd was intended to hold the shares. Therefore, rectification of the register is appropriate and an order is made accordingly.

Court Disposition

Rectification ordered

Orders

  • ['The register of members of Hotel Redfern Pty Ltd is to be rectified to record Actwane Pty Ltd as the holder of the shares currently registered in the name of Actwane Holdings Pty Ltd.']