Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Online Advantage Limited, in the matter of Online Advantage Limited v RDS Nominees No 1 Pty Ltd [2002] FCA 1118 CORPORATIONS LAW – general meeting – adjournment of meeting – validity of adjournment – validity of business transacted Corporations Act 2001 (Cth) s 1322(4) ONLINE ADVANTAGE LIMITED (IN THE MATTER OF ONLINE ADVANTAGE LIMITED) v RDS NOMINEES NO 1 PTY LTD & ORS N 3031 of 2002 HELY J 27 JUNE 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3031 OF 2002
BETWEEN: ONLINE ADVANTAGE LIMITED (IN THE MATTER OF ONLINE ADVANTAGE LIMITED)
APPLICANT
AND: RDS NOMINEES NO 1 PTY LTD
FIRST RESPONDENT
RIVKIN INVESTMENTS PTY LTD
SECOND RESPONDENT
NICOLE McWILLIAM
THIRD RESPONDENT
LOGAN PARTNERS CORPORATION PTY LTD
FOURTH RESPONDENT
JOHN ROBERT LEE
FIFTH RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 27 JUNE 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. It be declared that neither the adjournment of the general meeting of the company from 11 am on 5 June 2002 to 2.30 pm on that day, and/or any business transacted at the 2.30 pm meeting, shall be invalidated by reason of the failure of the chairman of the 11 am meeting to secure the consent of members present at the 11 am meeting to that adjournment. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3031 OF 2002
BETWEEN: ONLINE ADVANTAGE LIMITED (IN THE MATTER OF ONLINE ADVANTAGE LIMITED)
APPLICANT
AND: RDS NOMINEES NO 1 PTY LTD
FIRST RESPONDENT
RIVKIN INVESTMENTS PTY LTD
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