Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wellington Capital Limited, in the matter of Premium Income Fund v Premium Income Fund Action Group [2011] FCA 781 Citation: Wellington Capital Limited, in the matter of Premium Income Fund v Premium Income Fund Action Group [2011] FCA 781
Parties: WELLINGTON CAPITAL LIMITED ACN 114 248 458 AS RESPONSIBLE ENTITY OF THE PREMIUM INCOME FUND ARSN 090 687 577 v PREMIUM INCOME FUND ACTION GROUP INCORPORATED (NSW INCORPORATED ASSOCIATION NO. 9894759), CHARLES ROBERT HODGES and PETER GRENADIER
File number: QUD 140 of 2011
Judge: DOWSETT J
Date of judgment: 25 July 2011
Corrigenda: 10 August 2011 25 July 2011
Date of declaration: 13 July 2011
Catchwords: CORPORATIONS – application by the responsible entity of the Premium Income Fund seeking a declaration that a meeting of the unit holders of the Fund first convened on 16 June 2011, adjourned to 23 June 2011 and then to 14 July 2011 was invalid and an order restraining the defendants from proceeding with the meeting – whether the defendants had failed to give notice of the meeting to all those entitled to vote – whether this potential contravention of the requirements for notice under the Corporations Act 2001 (Cth) would render the meeting invalid, having regard to the operation of s 1322 of the Act– whether the meeting on 23 June 2011 lacked a quorum and was thereby dissolved pursuant to the Constitution of the Fund
Legislation: Corporations Act 2001 (Cth) ss 169, 173, 252A, 252B, 252C, 252D, 252G, 252R, 252Z, 601FM, 601QA, 671B, 1322, 1325D Corporations Regulations 2001 (Cth) reg 7.11.37
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