Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HNA Irish Nominee Limited v Kinghorn [2010] FCAFC 57 Citation: HNA Irish Nominee Limited v Kinghorn [2010] FCAFC 57
Appeal from: HNA Irish Nominee Limited v Kinghorn [2010] FCA 311
Parties: HNA IRISH NOMINEE LIMITED and ALLCO MANAGED INVESTMENTS LIMITED v GEOFFREY ANDREW KINGHORN, DAVID LLOYD VEAL, KV AVIATION HOLDINGS PTY LIMITED ACN 054 680 376, and RIL AVIATION VQZ LIMITED ACN 110 563 007 & ORS
File number(s): NSD 409 of 2010
Judges: KEANE CJ, JACOBSON AND RARES JJ
Date of judgment: 1 June 2010
Catchwords: CORPORATIONS – interpretation of constitution – the applicant held an equitable interest in preference shares in many of the respondent companies – the applicant claimed it was entitled to vote its preference shares on a resolution it proposed by a notice of meeting in respect of those respondent companies – the applicant claimed the resolution affected "rights attached to a Preference Share" – whether the applicant was entitled to vote its shares
Legislation: Corporations Act 2001 (Cth) ss 136, 140, 246, 246B, 254A, 250E
Cases cited: Archibald Howie Pty Ltd v Commissioner of Stamp Duties (NSW) (1948) 77 CLR 123; [1948] HCA 23, applied Greenhalgh v Arderne Cinemas Limited (1946) 1 All ER 512, cited International Air Transport Association v Ansett Australia Holdings Limited (2008) 234 CLR 151; [2008] HCA 3, considered White v Bristol Aeroplane Company Limited (1953) 1 Ch 65, cited
Place: Sydney
Date of hearing: 20 May 2010
Number of paragraphs: 49
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