Kazar, Henry Joseph v Duus, Ross Andrew & Ors [1998] FCA 1378

FEDERAL COURT OF AUSTRALIA

ABORIGINES – Aboriginal corporations – Whether appointment of an administrator under Aboriginal Councils and Associations Act 1976 (Cth) ("ACA Act") brings to an end or suspends a voluntary administration under Pt 5.3A of the Corporations Law – Whether Registrar did not permit the corporation to show cause why an administrator under the ACA Act should not be appointed - Whether administrator of an Aboriginal Corporation can be appointed for a limited period – Whether Minister's approval required for appointment of a new administrator CORPORATIONS – Pt 5.3A of the Corporations Law ("CL") – Whether opinion as to solvency or likely insolvency formed by Governing Committee pursuant to s 436A of the CL – Whether voluntary administrator appointed for an improper purpose – Consideration of relevance of opinion and purpose of individual members of Governing Committee CORPORATIONS - annual general meeting – Proxy – Whether a member who gives a proxy to another member is present at the annual general meeting for the purpose of determining if there is a quorum STATUTE – Interpretation – Reconciling inconsistent provisions in a statute WORDS AND PHRASES – "subject to this Act" Aboriginal Councils and Associations Act 1976 (Cth) Pt V, ss 62, 71, 72, 74, 77D, 77E Corporations Law Pt 5.3A, ss 435A, 436A Jones v Metropolitan Meat Industry Board (1925) 37 CLR 252 – cited Project Blue Ski Inc v Australian Broadcasting Authority (1998) 153 ALR 490 – applied Wagner v International Health Promotions (1994) 15 ACSR 419 – followed Lanson Investments Pty Ltd v Murray River FM Pty Ltd (Federal Court of Australia, Gray J, 1 December 1993) – cited In the Matter of Roy Davis Contracting Pty Ltd (Supreme Court of Queensland, Moynihan J, 22 April 1996) - cited Re New World Alliance Sycotex v Baseler (1994) 51 FCR 425 - cited Arthur Yates & Co Pty Ltd v The Vegetable Seeds Committee (1946) 72 CLR 37 – considered Re The Mayor of the City of Hawthorn; Ex Parte The Co-Operative Brick Company Limited (1909) VLR 27 – cited Darvall v North Sydney Brick & Tile Co (1989) 16 NSWLR 260 – cited Advance Bank Australia Ltd v FAI Insurance Ltd (1987) 9 NSWLR 464 - cited Samrein Pty Ltd v Metropolitan Water Sewerage and Drainage Board (1982) 41 ALR 467 – cited Howard Smith v Ampol Petroleum Ltd [1974] AC 821 - cited Aloridge Pty Ltd v Christianos & Anor (1994) 13 ACSR 99 – considered The Aboriginal Land Rights (Northern Territory) Act 1976 and The Alcoota Land Claim No 146 (Federal Court of Australia, Northrop, Cooper and Mansfield JJ, 30 March 1998) - considered