Hans Juergen Mende v Fritz R Kundrun

2025/00384510

CORPORATIONS – on 20 August 2024, AMCI Investments Pty Ltd (AMCI Investments) entered into an Employee Service Agreement with Mr Frankcombe – on 28 April 2025, Mr Frankcombe was appointed as Managing Director of AMCI Investments – on or around 6 August 2025, the Employment Service Agreement was purported to be terminated by Mr Mende as Executive Chairman, AMCI Group LLC (AMCIG) – Mr Fritz Kundrun and 2010 FRK CRT Investments Ltd (2010 FRK CRT), as shareholders of AMCI Investments, contended that Mr Mende’s actions were not authorised, either under the constitution of the company or the terms of the Employment Service Agreement – by Originating Process dated 18 August 2025, Mr Kundrun and 2010 FRK CRT sought declarations concerning, broadly, the validity of the purported termination – the primary judge held that the termination of Mr Frankcombe’s employment by Mr Mende took place without authority and was invalid and Mr Frankcombe remains managing director of AMCI Investments – whether the primary judge erred in finding that the termination of Mr Frankcombe's employment with AMCI Investments Pty Ltd was of no effect – whether the primary judge erred in finding that only the "Employer" under the Employment Service Agreement, but not Mr Mende acting with the authority of AMCI Investments, could terminate Mr Frankcombe's employment – whether the primary judge erred in finding that there was no admissible evidence of Mr Mende directly exercising authority, either generally or in respect of the termination of contracts or employment contracts, in respect of AMCI Investments as distinct from other companies that were Series companies where he had such authority under the AMCIG Agreement – whether the primary judge erred in finding that a single director or shareholder can withdraw the implied authority previously granted to, or exercised by, a single director by or with the acquiescence of the board – whether the primary judge failed to find that Mr Frankcombe was required to resign as a director of AMCI Investments.

In the matter of AMCI Investments Pty Limited [2025] NSWSC 1019