Federal Court of Australia
Federal Court of Australia
Hest Pty Ltd v Sweetman Renewables Ltd [2022] FCA 337 File number: NSD 220 of 2022
Judgment of: LEE J
Date of judgment: 1 April 2022
Date of publication of reasons: 5 April 2022
Catchwords: CORPORATIONS – urgent hearing – application for declaratory relief that resolutions of the company in general meeting removing three directors and appointing four new directors were valid PRACTICE AND PROCEDURE – declarations – declarations by consent – power to make declarations by consent – proper contradictor – whether a "matter" – whether party who consents is a proper contradictor
Legislation: Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; (2012) 201 FCR 378 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Geneva Laboratories Limited v Prestige Premium Deals Pty Ltd (No 4) [2016] FCA 867; (2016) 120 IPR 133 IMF (Australia) Ltd v Sons Of Gwalia Ltd (Administrator Appointed) ACN 008 994 287 [2004] FCA 1390; (2004) 211 ALR 231 Williams v Powell [1894] WN (Eng) 141
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 8
Date of hearing: 1 April 2022
Counsel for the Applicant: Mr N Bender with Mr A Rizk
Solicitor for the Applicant: Hamilton Locke
Counsel for the Respondents: Mr M McGirr
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