A co-director of Dougmal Harcourts Warilla has applied to the NSW Supreme Court for an injunction against fellow director Roger Ocvirk, who went missing for several days earlier this year, seeking to stop him and his wife from dealing with the company’s assets.
Tom Imre and Mr Ocvirk are co-directors of companies Tirotia Pty Ltd and Bayelm Pty Ltd. The latter operates the Warilla real estate agency, which is under investigation by NSW Fair Trading for a $1million gap in its books.
Last month, Mr Imre filed an interim application requesting Mr Ocvirk and his wife Gordana - who is the secretary of both companies - be prohibited from dealing with the businesses’ financial assets.
Mr Imre, of Barrack Heights, has also sought damages and compensation from the Blackbutt couple, in favour of both companies.
In the application, filed on January 23, Mr Imre has called for a declaration stating the Ocvirks were managing the affairs of Tirotia in a manner that was ‘‘oppressive and unfairly prejudicial’’ to his interests.
He has sought a similar declaration in the Ocvirks’ handling of Bayelm, claiming the couple was managing the business in a way that unfairly prejudiced Tirotia.
Mr Imre has also asked the court to grant a freeze order in favour of Bayelm against the Ocvirks’ assets, and direct the pair to provide him with the books and records for both companies.
The application also refers to a request that Tirotia’s share register be corrected to list Mr Imre as the beneficial holder of only 50percent of the issued shares in the company.
In January, NSW Fair Trading announced it had appointed auditor Deloitte Touche Tohmatsu to manage Dougmal Harcourts Warilla after discrepancies totalling $1,050,000 were revealed.
Fair Trading commissioner Rod Stowe said the licensee-in-charge (sales) notified Fair Trading on January 24 of a ‘‘significant deficiency’’ in trust accounts.
Harcourts CEO NSW Sadhana Smiles said Harcourts was made aware of the issue and terminated the franchise with the joint licensees. She stressed the office and name were shared by two separate business entities - property management and sales - and that the sales (or real estate) arm was the only entity under investigation.
The matter is set to come before the court again on Monday.
Mr Ocvirk was unavailable for comment yesterday.
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