Federal Court of Australia
Federal Court of Australia
Scheuer (Trustee) v Endless Solar Corporation Limited [2023] FCA 299 File number(s): VID 187 of 2023
Judgment of: O'BRYAN J
Date of judgment: 29 March 2023
Date of publication: 3 April 2023
Catchwords: CORPORATIONS – application to restrain the conduct of a purported meeting of the shareholders of the third defendant and for the creation or correction of the share register of the third defendant PRACTICE AND PROCEDURE – interlocutory application to restrain the conduct of a purported meeting of the shareholders of the third defendant – prima facie case that the notice of meeting not sent to all of the shareholders of the third defendant, that insufficient notice given of meeting and defects in the proxy forms sent to shareholders – balance of convenience favours meeting being restrained – injunction granted
Legislation: Corporations Act 2001 (Cth), s 105, Div 2, Pt 1.2AA, ss 110E, 110F, 168, 201M, 231, 249F, 249G, Div 3, Pt 2G.2, ss 249H, 249J, 250B, 442A, 601AB, 601AH
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Competition and CONSUMER Commission v IVF Finance Pty Limited (No 2) [2021] FCA 1295 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Bradto Pty Ltd v Victoria (2006) 15 VR 65 Central Exchange Ltd v Rivkin Financial Services Ltd [2004] FCA 1546; 213 ALR 771 McLaughlin v Dungowan Manly Pty Ltd [2010] NSWSC 187 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238
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