Sipad Holding ddpo & Anor v Nikola Popovic & Ors [1995] FCA 1140

Sipad Holding ddpo & Anor v Nikola Popovic & Ors [1995] FCA 1140

The applicants' claims against the second respondent were dismissed because significant amendments at the end of the hearing introduced claims against him by parties of whose claims he had no notice, and it would not be appropriate to make orders against him in these circumstances. As to costs, the unusual course of the proceeding and late amendments meant that, except for previously made costs orders, there should be no further order as to costs.

Parties
First Applicant: Sipad Holding d.d.p.o.; Second Applicant: Pero Vladic; First Respondent: Nikola Popovic; Second Respondent: Dragan Karac; Third Respondent: Milan Jovicic; Fourth Respondent: Joseph John Gilles; Fifth Respondent: Australia Furniture Pty Limited; Sixth Respondent: Sidex Australia Pty Limited; Seventh Respondent: Sipad Export Import d.d.p.o.
Jurisdiction
Australia
Judgment Date
22 December 1995
Procedural Posture
Application for Declarations and Orders Relating to Company Shares and Resolutions / Final Judgment After Amended Application and Final Hearing
Outcome
Applicants' claims against second respondent dismissed. Declarations and orders made on shareholding and rectification in favour of the applicants, against other respondents. No order as to costs except as previously ordered.
Legal Topics
Rectification of Register of Members, Validity of Company Resolutions, Joinder and Amendment of Parties, Costs Orders
Corporations Law Civil Procedure Rectification of Register of Members Validity of Company Resolutions Joinder and Amendment of Parties Costs Orders

Case Brief

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Parties

Sipad Holding d.d.p.o.

First Applicant

Pero Vladic

Second Applicant

Nikola Popovic

First Respondent

Dragan Karac

Second Respondent

Milan Jovicic

Third Respondent

Joseph John Gilles

Fourth Respondent

Australia Furniture Pty Limited

Fifth Respondent

Sidex Australia Pty Limited

Sixth Respondent

Sipad Export Import d.d.p.o.

Seventh Respondent

Procedural Posture

Application for Declarations and Orders Relating to Company Shares and Resolutions / Final Judgment After Amended Application and Final Hearing

Legal Issues

  1. 1 Whether proceedings against the second respondent should be dismissed after significant amendments to the application during hearing
  2. 2 Whether relief sought by a director in his own right is appropriate against another person claiming to be director
  3. 3 Whether costs should follow the event given amendments and constitution of parties

Ratio Decidendi

The applicants' claims against the second respondent were dismissed because significant amendments at the end of the hearing introduced claims against him by parties of whose claims he had no notice, and it would not be appropriate to make orders against him in these circumstances. As to costs, the unusual course of the proceeding and late amendments meant that, except for previously made costs orders, there should be no further order as to costs.

Court Disposition

Applicants' claims against second respondent dismissed. Declarations and orders made on shareholding and rectification in favour of the applicants, against other respondents. No order as to costs except as previously ordered.

Orders

  • Orders of the Court made on 3 November 1995 set aside.
  • Applicants' claims against the second respondent in paragraphs 1A, 1B, 1C, 1D and 1 of the further amended application dismissed.