CORPORATIONS – appeal against order dismissing originating process which sought a declaration that shares recorded in a company’s register and the Australian Securities and Investments Commission’s (ASIC) public register vested in trustees in bankruptcy and related orders – whether the primary judge erred in failing to find, on the balance of probabilities, that a transfer of shares in fact occurred – where transfer of shares was recorded on a form lodged with ASIC and recorded on ASIC’s public register – whether the primary judge failed to have regard to the presumption of regularity – where appellants rely on an ASIC search and the statutory presumption in s 1274B(2) of the Corporations Act 2001 (Cth) as proof of a matter – where there is evidence to the contrary of the prima facie proof made available by s 1274B(2) of the Act – appeal dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2023/2023fcafc0030
For more information, see the original judgement.
