Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gudgeon v Gudgeon [2020] FCA 680 File number: NSD 2158 of 2019
Judge: MARKOVIC J
Date of judgment: 20 May 2020
Catchwords: CORPORATIONS – determination of separate question – whether removal of director of a company at a meeting of the company's members was valid – where no quorum present at the meeting – where notice of meeting was defective – removal of director was not valid
Legislation: Corporations Act 2001 (Cth) ss 135, 251A, 1322, 1378 Corporations Law (Cth) (repealed) ss 249, 1415, Sch 1 Table A regs 41-43, 62 Federal Court Rules 2011 (Cth) r 30.01
Cases cited: Clarke v Australian Computer Society Incorporated [2019] FCA 2175 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 Moala v Free Wesleyan Church of Tonga in Australia (Victoria) Inc [2019] VSC 205
Date of hearing: 29 April 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 58
Counsel for the Plaintiff: Mr G Babe
Solicitor for the Plaintiff: Corbett Jessop Law
Solicitor for the First Defendant: Mr B Long of Celtic Legal
ORDERS NSD 2158 of 2019
BETWEEN: MAURICE GUDGEON Plaintiff
AND: PETER GUDGEON First Defendant
P & M GUDGEON PTY LTD ACN 061 799 746 Second Defendant
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