Kang v JK Global Pty Ltd

In the matter of Kang v JK Global Pty Ltd, the plaintiff sought interlocutory orders to have trustees appointed to hold the company's shares on trust and directors appointed to manage the company's day-to-day affairs. The defendants, JK Global Pty Ltd, contested the application, arguing that the plaintiff did not hold shares in the company and that any orders made would be substantially adverse to them. The court was tasked with determining whether the plaintiff met the criteria for interlocutory relief under section 66 of the Supreme Court Act 1970 (NSW) and whether the balance of convenience favoured granting such relief.

The court considered the balance of convenience and whether the proposed terms of the orders were too indeterminate. ASIC searches conducted at different times yielded conflicting results about the ownership of the shares, complicating the issue. The court also evaluated whether the appointment of directors under the proposed orders would comply with the company's constitution and the Corporations Act 2001 (Cth). Given the contested ownership of shares and the potential adverse effects on the defendants, the court determined that the balance of convenience did not favour granting the relief sought by the plaintiff.

Ultimately, the court found that the plaintiff had not established a strong case for the relief sought, and the terms of the proposed orders were too indeterminate. The court also concluded that the appointment of directors under the proposed orders would not comply with the established structure of the company's constitution and the Corporations Act 2001 (Cth). As a result, the court dismissed the application for interlocutory relief. No orders were made in favour of the plaintiff.