superkite

13.Superkite was incorporated in New South Wales in March 2011. Its registered office is, and was then, care of Holman Webb, Lawyers, in Sydney. The "Profile" of Superkite, which document forms part of the evidence, identifies Superkite as "a 'cashbox' vehicle for intended investments in Australia, USA, UK and UAE".

14.The current Company Extract from the ASIC database shows that its sole director, at all relevant times, was Mr Stammers. It had 1,000,000 issued fully paid shares, the owner of which, legally and beneficially, was shown to be Kirep Pty Ltd, which is described as Mr Stammers' "family trust company".

15.Mr Stammers says, and I accept, that Kirep Pty Ltd is not, in fact, the beneficial owner of the shares, but that it holds the shares on trust for a third party, Mr Roland Bleyer (also known as "Roland Husner"). In a document to which I shall later refer, Mr Bleyer confirms that the shares are held upon trust for him.

16.Mr Bleyer describes himself as "the Chairman of the Finance Committee of Superkite". His role is said to include "giving instructions to [Mr] Stammers", whom he describes as "the nominee director of Superkite". He states that Mr Stammers "is required to act in accordance with the written instructions of the Finance Committee for Superkite in performing his role as nominee director". However, the only person identified on the Company Extract, to which I have referred, as a director, is Mr Stammers.

17.Mr Stammers also says that neither he, nor Kirep Pty Ltd, receives "any financial advantage in return for, or as a result of, holding those shares". He does, however, receive director's fees, from Superkite, for acting as its director.


At least we now know who is behind Alliance!


http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/326.html