10 Jun 2021
Appeal dismissed because there was no evidence STA maintained a share register and no entry was made removing the appellant as shareholder; the respondents' lodgement of notices with the Companies Office did not divest ownership or deprive the appellant of possession or dominion of the shares, so the elements of conversion were not established.
7 Sept 2018
Broad discovery orders were refused as overbroad and tantamount to a fishing expedition; discovery was granted only on a tailored basis directly tied to the pleaded causes of action (specific share register/transfer book entries, board resolutions/minutes relating to enumerated pleaded decisions, and financial records limited to levies in specified paragraphs); the application was otherwise premature pending defendant affidavits; defendant awarded costs on a 2B basis less 10%.
11 Mar 2015
On the balance of probabilities the court inferred that INZL had a share register and that the 2008 transfers resulting in Tyrion holding 50,000 shares were entered; therefore Tyrion is a shareholder for the purposes of the Companies Act and has standing to continue the s174 proceedings; Companies Office records may assist as evidence of a missing register but do not operate as a statutory substitute; respondent's pre-emption and delay arguments were rejected on the evidence.
23 Sept 2014
The Court directed that liquidators, after reasonable inquiry, may either (a) if in good faith and on reasonable grounds conclude the Maritime Union list is the statutory register, treat it as the register and distribute to those named using their register addresses (with unclaimed funds paid into the Liquidation Surplus Account under s316), or (b) if not so satisfied, assume 932 class A shareholders exist and distribute to those identifiable at time of distribution pro rata as if all 932 entitled, without further obligation to trace unidentified shareholders; liquidators are not exempted fro…