Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NSX Limited v Pritchard [2009] FCA 584
CORPORATIONS – request by members under s 249D(1) of Corporations Act 2001 (Cth)(the Act) that directors "call" meeting of members to remove existing directors and to appoint replacement directors – whether directors "called" meeting within the 21-day period referred to in s 249D(5) of the Act – what constitutes "calling" of meeting – whether sufficient that directors resolved that meeting be held at specified time on specific date at specified place, notified Australian Stock Exchange, and resolved that notice of meeting be settled and sent to members. Held: No. At least actual sending of notices to members was essential to calling of meeting.
WORDS AND PHRASES – "to call" – meaning of "to call" in relation to company meeting requisitioned under s 249D of the Corporations Act 2001 (Cth).
Companies Act 1936 (NSW) ss 94, 95 Companies Act 1961 (NSW) ss 137, 138 Companies Code ss 241, 242 Corporations Act 2001 (Cth) ss 249D, 249E Re Ariadne Australia Ltd [1991] 2 Qd R 377, distinguished Vawdon v South Sydney Junior R.L. Club [1975-1976] CLC ¶40-248, referred to NSX LIMITED (ACN 089 447 058) v STEVEN SHANE PRITCHARD, PAUL ERNEST SEYMOUR, WINPAR HOLDINGS LIMITED (ACN 003 035 523), FINANCIAL & ENERGY EXCHANGE LIMITED, GORDON BRADLEY ELKINGTON and THE NEWCASTLE EXCHANGE PTY LIMITED (ACN 129 342 409)
NSD 413 of 2009
LINDGREN J
22 May 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 413 of 2009
IN THE MATTER OF NSX LIMITED (ACN 089 447 058) BETWEEN: NSX LIMITED (ACN 089 447 058)
Plaintiff
AND: STEVEN SHANE PRITCHARD
First Defendant
PAUL ERNEST SEYMOUR
Second Defendant
WINPAR HOLDINGS LIMITED (ACN 003 035 523)
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