Spadotto and Co Pty Ltd (in Liquidation) v Raber

Spadotto and Co Pty Ltd (in Liquidation) v Raber was a decision of the New South Wales Court of Appeal concerning a dispute over the ownership of certain shares. The liquidator of Spadotto and Co Pty Ltd sought to recover these shares, alleging they were the property of the company.

The primary legal issue before the Court of Appeal was whether the shares in question were beneficially owned by the company, Spadotto and Co Pty Ltd, or by the respondent, Mr Raber. This determination hinged on the proper construction of a written agreement between the parties and the surrounding circumstances.

The Court of Appeal considered the terms of the agreement and the conduct of the parties. It applied principles of contract law and equity to ascertain the true intention of the parties regarding the beneficial ownership of the shares. The Court found that the agreement, when read in light of the parties' actions, indicated that Mr Raber was the beneficial owner of the shares, not the company.

The appeal was dismissed, and the orders of the primary judge were affirmed.