Titlow, James John v Intercapital Group (Australia) Pty Ltd & Anor [1996] FCA 374

Titlow, James John v Intercapital Group (Australia) Pty Ltd & Anor [1996] FCA 374

Only persons whose name is entered in the register of members at the time of application may bring proceedings under s 260 of the Corporations Law. The applicant was not a member at the relevant date, so lacked standing, and the application must be dismissed.

Parties
Applicant: James John Titlow; First Respondent: Intercapital Group (Australia) Pty Limited; Second Respondent: Intercapital Group Limited
Jurisdiction
Australia
Judgment Date
12 April 1996
Procedural Posture
Corporations Application / Summary Dismissal Motion
Outcome
Application dismissed with costs.
Legal Topics
Standing of Member Under S 260, Summary Dismissal, Membership Register Requirements
Corporations Law Standing of Member Under S 260 Summary Dismissal Membership Register Requirements

Case Brief

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Parties

James John Titlow

Applicant

Intercapital Group (Australia) Pty Limited

First Respondent

Intercapital Group Limited

Second Respondent

Procedural Posture

Corporations Application / Summary Dismissal Motion

Legal Issues

  1. 1 Whether the applicant had standing to bring proceedings under s 260 at the date of filing
  2. 2 Whether the applicant was a member of the company when the application was filed
  3. 3 Whether a person whose name was removed from the register and who seeks restoration may be regarded as a member for s 260 purposes

Ratio Decidendi

Only persons whose name is entered in the register of members at the time of application may bring proceedings under s 260 of the Corporations Law. The applicant was not a member at the relevant date, so lacked standing, and the application must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.