Federal Court of Australia
Federal Court of Australia
Enares Pty Limited v Nimble Money Limited [2022] FCAFC 126 Appeal from: Enares Pty Limited v Nimble Money Limited, in the matter of Nimble Money Limited [2021] FCA 1596
File number: NSD 1371 of 2021
Judgment of: FARRELL, MARKOVIC AND DERRINGTON JJ
Date of judgment: 4 August 2022
Catchwords: CORPORATIONS – Inspection of documents by members – application under s 247 of the Corporations Act 2001 Cth) – consideration of whether the applicant is acting in good faith and that the inspection is to be made for a proper purpose – applicant's concern as to refinancing decision made by Board – no circumstances suggesting Board had any real choice to act other than it did – evidence insufficient to establish that the application was acting in good faith – appeal dismissed
Legislation: Corporations Act 2001 (Cth) ss 231, 232, 233, 237, 247A
Cases cited: Acehill Investments Pty Ltd v Incitec Ltd [2002] SASC 344 Avon Downs v Commissioner of Taxation (1949) 78 CLR 353 Barrack Mines Ltd v Grants Patch Mining Ltd (1987) 12 ACLR 357 Barrack Mines Ltd v Grants Patch Mining Ltd (No 2) [1988] 1 Qd R 606 Cescastle Pty Ltd v Renak Holdings Ltd (1991) 6 ACSR 115 Hanks v Admiralty Resources NL (2011) 85 ACSR 101 House v The King (1936) 55 CLR 499 Ingram (As Trustee For The Ingram Superannuation Fund) v Ardent Leisure Ltd [2020] FCA 1302 Intercapital Holdings Ltd v MEH Ltd (1988) 13 ACLR 595 Knightswood Nominees Pty Limited v Sherwin Pastoral Company Ltd (1989) 15 ACLR 151 Merim Pty Ltd v Style Ltd [2009] FCA 314 Mesa Minerals Ltd v Mighty River International (2016) 241 FCR 241 Praetorin Pty Ltd v TZ Ltd (2009) 76 ACSR 236 Precision Plastics Pty Limited v Demir (1975) 132 CLR 362 Rasley (Singapore) Pte Ltd v Financial & Energy Exchange Ltd [2020] FCA 1462 Re Augold NL [1987] 2 Qd R 297 Re Combined Projects (Arncliffe) Pty Ltd [2018] NSWSC 649 Re Tolco Pty Ltd [2016] NSWSC 1069 Rowland v Meudon Pty Ltd (2008) 220 FLR 362 Smartec Capital Pty Ltd v Centro Properties Ltd (2011) 83 ACSR 461 Unity APA Limited v Humes Limited (No 2) [1987] VR 474 Wayde v New South Wales Rugby League Ltd (1985) 180 CLR 459
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