Baloglow v Konstantinidis

The dispute in *Baloglow v Konstantinidis* concerned the winding up of a partnership. The case came before the New South Wales Court of Appeal, with Mason P, Priestley and Giles JJA presiding.

The primary legal issue before the Court of Appeal was whether the orders made by the primary judge concerning the transfer of shareholdings were appropriate, particularly in light of the fact that certain shares were held by individuals other than the direct partners.

The Court considered a submission that the orders were flawed because they directed the transfer of "all" shareholdings in certain companies by one party, Mr Baloglow, without making specific orders concerning the shareholdings of Mrs Baloglow and the children. However, it was common ground at trial that these other shareholders held their shares on trust for the partnership. Accordingly, the Court interpreted the order as requiring the transfer of Mr Baloglow's beneficial interest in those shares. The Court indicated that if necessary, it would amend the orders to reflect this interpretation, but no other challenges were made to the form of the orders.