Federal Court of Australia
Federal Court of Australia
Keybridge Capital Limited v WAM Active Limited [2023] FCAFC 194 Appeal from: Keybridge Capital Limited v WAM Active Limited [2023] FCA 339
File number(s): VID 347 of 2023
Judgment of: O'CALLAGHAN, HALLEY AND O'SULLIVAN JJ
Date of judgment: 12 December 2023
Catchwords: CORPORATIONS – appeal from decision of primary judge that respondent's directors did not act for an improper purpose in resolving to move a general meeting from an in-person meeting to an online meeting – no appellable error – appeal dismissed
Legislation: Corporations Act 2001 (Cth) s 249F
Cases cited: Advance Bank Australia Ltd v FAI Insurances Ltd (1987) 9 NSWLR 464 Central Exchange Ltd v Rivkin Financial Services Ltd [2004] FCA 1546; (2004) 213 ALR 771 Fox v Percy (2003) 214 CLR 118 Robinson Helicopter Co Inc v McDermott (2016) 90 ALJR 679 Warren v Combes (1979) 142 CLR 531
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 32
Date of hearing: 29 November 2023
Counsel for the Appellant: MA Robins KC with LJS Molesworth
Solicitor for the Appellant: Allen and Overy
Counsel for the Respondent: PA Neskovcin KC with S Hooper
Solicitor for the Respondent: Mills Oakley
ORDERS VID 347 of 2023
BETWEEN: KEYBRIDGE CAPITAL LIMITED (ACN 088 267 190) Appellant
AND: WAM ACTIVE LIMITED (ACN 126 420 719) Respondent
order made by: O'CALLAGHAN, HALLEY AND O'SULLIVAN JJ DATE OF ORDER: 12 December 2023
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