Federal Court of Australia
Federal Court of Australia
Laine Commodities Pte Ltd (Receiver Appointed) v CS Agriculture Pty Ltd [2021] FCA 635 File number(s): VID 153 of 2021
Judgment of: O'CALLAGHAN J
Date of judgment: 10 June 2021
Catchwords: CORPORATIONS – application pursuant to s 249G of the Corporations Act 2001 (Cth) for an order that a meeting of a company's members be called – where 51% shareholder attempted on numerous occasions to call meeting to alter composition of board – where 49% shareholder did not attend meetings, rendering them inquorate – whether "impracticable to call the meeting" within the meaning of s 249G – whether the phrase "call the meeting" in s 249G covers the whole process of convening the meeting and bringing together the members – Beck v Tuckey Pty Ltd [2004] NSWSC 357; 49 ACSR 555 followed – application granted COSTS – application by successful party for indemnity costs – application granted
Legislation: Corporations Act 2001 (Cth) ss 232, 233, 249G, 1319
Cases cited: Beck v Tuckey Pty Ltd [2004] NSWSC 357; 49 ACSR 555 Favretto v Eagland (1995) 18 ACSR 196 Northwest Capital Management v Westate Capital Ltd [2012] WASC 121; 264 FLR 424 NSX Ltd v Pritchard (2009) 178 FCR 151 Re El Sombrero Ltd [1958] 3 WLR 349 Re Opera Photographic Ltd [1989] 1 WLR 634 Re Statewide Office Furniture Pty Ltd [2015] NSWSC 142; 293 FLR 275 Turnbull v National Roads and Motorists' Association Ltd [2004] NSWSC 577; 50 ACSR 44
Division: General Division
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