Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cao v Apollo Phoenix Resources Pty Ltd [2018] FCA 1445 File number: NSD 1037 of 2018
Judge: MARKOVIC J
Date of judgment: 20 September 2018
Catchwords: CORPORATIONS – where the office of a director of a company was purportedly declared vacant at a directors' meeting which the relevant director did not attend – where the relevant director did not speak English and lived overseas – whether the relevant director was absent from directors' meetings for six consecutive months – whether the relevant director received reasonable notice of those directors' meetings – whether a declaration should be made declaring that the purported vacation of the office of director is rescinded, void or to no effect and that the relevant person remains a director of the company – application dismissed.
Legislation: Corporations Act 2001 (Cth) ss 232, 233
Cases cited: Campbell v Backoffice Investments Pty Ltd (2008) 66 ACSR 359; [2008] NSWCA 95 Jones v Dunkel (1959) 101 CLR 298 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 Re Keneally (as administrator of Australian Blue Mountain International Cultural & Tourist Group Pty Ltd (admin apptd)) (2015) 107 ACSR 172; [2015] NSWSC 937 Wilson v Manna Hill Mining Company Pty Ltd [2004] FCA 912
Dates of hearing: 6 and 7 September 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
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