Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CellOS Software Ltd v Wong, in the matter of CellOS Software Ltd [2017] FCA 95 File number: VID 80 of 2017
Judge: MIDDLETON J
Date of judgment: 13 February 2017
Catchwords: CORPORATIONS – Meetings – General meeting called by shareholders – Notice of general meeting – Proxy votes – Procedure for appointing a proxy – Whether procedure for appointing a proxy specified in the notice of general meeting is irregular – Effect of irregularity in notice of general meeting – Substantial injustice
Legislation: Corporations Act 2001 (Cth)
Cases cited: Bisan Ltd v Cellante (2002) 173 FLR 310 Re Golden West Resources Ltd (2008) 170 FCR 409 Lachlan Reit Ltd v Garnaut [2010] VSC 399 Carpathian Resources Ltd v Highmoor Business Corporation [2010] FCA 1294 City Pacific Ltd v Bacon (2009) 72 ACSR 418 Carson v Dynasty Metals Australia Ltd [2011] FCA 621 Northwest Capital Management v Westate Capital Ltd (2012) 264 FLR 424
Date of hearing: 10 February 2017
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 31
Counsel for the Plaintiff: Mr C Parkinson
Solicitor for the Plaintiff: Corrs Chambers Westgarth
Counsel for the Defendants: Mr B Katekar
Solicitor for the Defendants: Bartier Perry
ORDERS VID 80 of 2017 IN THE MATTER OF CELLOS SOFTWARE LTD (ACN 114 670 094) BETWEEN: CELLOS SOFTWARE LTD (ACN 114 670 094) Plaintiff
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