Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mortimer v Proto Resources & Investments Ltd, in the matter of Proto Resources & Investments Ltd [2015] FCA 654 Citation: Mortimer v Proto Resources & Investments Ltd, in the matter of Proto Resources & Investments Ltd [2015] FCA 654
Parties: ANDREW KENNETH BRUCE MORTIMER, LIA MELISSA DARBY, ANDREW NORMAN HEAP and BENJAMIN HEATH COOPER v PROTO RESOURCES & INVESTMENTS LTD (ACN 108 507 517), STEVEN ANDREW SHILKIN, PHILLIP SIU, SCOTT MITCHELL ROWE and SIMON MACFARLANE
File number(s): NSD 651 of 2015
Judge(s): GLEESON J
Date of judgment: 2 July 2015
Catchwords: CORPORATIONS – whether notice purporting to convene general meeting of company valid – where agenda for meeting includes proposed resolutions that plaintiff directors be "dismissed" as directors – whether meeting called and arranged in compliance with Corporations Act 2001 (Cth), s 249D – whether meeting convened pursuant to notice would be invalid – no general meeting called in accordance with requirements of s 249D
Legislation: Corporations Act 2001 (Cth), ss 180, 183, 203D, 249C, 249D, 249E, 249L, 249HA, 1322 Corporations Regulations 2001 (Cth), r 7.11.37 Federal Court of Australia Act 1976 (Cth), ss 21, 23
Cases cited: Jenkin v Pharmaceutical Society of Great Britain [1921] 1 Ch 392 National Roads & Motorists' Association v Parker (1986) 6 NSWLR 517 Scottish & Colonial Ltd v Australian Power & Gas Co Ltd [2007] NSWSC 1266; (2007) 65 ACSR 313 Taiqi Investments (Aust) Pty Ltd v Winlyn Developments Pty Ltd [2011] NSWSC 1218; (2011) 86 ACSR 197 Turner v Berner [1978] 1 NSWLR 66 Young v Sal Mar Enterprises Lot Pty Ltd [2005] FCA 1853
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