Atlas Holdings Pty Limited (Trustee), in the matter of Allied Resource Partners Pty Ltd v Allied Resource Partners Pty Ltd [2017] FCA 923

FEDERAL COURT OF AUSTRALIA

Atlas Holdings Pty Limited (Trustee), in the matter of Allied Resource Partners Pty Ltd v Allied Resource Partners Pty Ltd [2017] FCA 923 File number: NSD 1031 of 2017

Judge: LEE J

Date of judgment: 20 July 2017

Catchwords: CORPORATIONS – shareholder resolutions – application for declaration of invalidity of shareholder resolution for failure to comply with notice requirements – whether failure to provide notice was a procedural irregularity within the meaning of s 1322(2) of the Corporations Act 2001 (Cth) – whether procedural irregularity caused or may cause substantial injustice within the meaning of s 1322(2) – application for declaration of invalidity dismissed where procedural irregularity but not shown to be causative of substantial injustice PRACTICE AND PROCEDURE – interlocutory application seeking interim declaration – where inappropriate to grant interim declaration – amendment of originating process to seeking final declaratory relief – final relief heard together with interlocutory relief PRACTICE AND PROCEDURE – injunctive relief – application to enjoin defendant from voting at a general meeting of a non-party company – where no serious question to be tried – where balance of convenience not in favour of granting relief COSTS – application for indemnity costs – where offer made in exchange for discontinuance of interlocutory application – rejection of offer not unreasonable – application refused

Legislation: Corporations Act 2001 (Cth), ss 233(1), 233(1)(c), 233(1)(i), 233(1)(j), 249A, 249D , 249E, 249F, 249G, 249H(1), 249H(2), 461(1), 1322(2) Federal Court of Australia Act 1976 (Cth), ss 23, 37P(2) Federal Court Rules 2011 (Cth), r 30.01