Federal Court of Australia
Federal Court of Australia
von Bernstorff v Balamara Resources Limited [2023] FCA 757 File number: NSD 655 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 4 July 2023
Date of publication of reasons: 7 July 2023
Catchwords: CORPORATIONS — application by company director to access books and records of respondent company — where applicant has requested books and records from company and other directors but records not made available — where respondent company does not currently have a company secretary — where company books and records may be held in various locations — whether appropriate to grant relief — Held: relief granted.
Legislation: Corporations Act 2001 (Cth) ss 290, 1303
Cases cited: Australian Metropolitan Life Assurance Co Ltd v Ure (1923) 33 CLR 199 Burn v London & South Wales Coal Co (1890) 7 TLR 118 Fox v Gadsden Pty Ltd [2003] NSWSC 748 Hammond v Quayeyeware Pty Ltd [2021] FCA 293 Hawksford v Hawksford [2005] NSWSC 1316 Mills v Mills (1938) 60 CLR 150 Oswal v Burrup Fertilisers Pty Ltd [2013] FCAFC 9; 295 ALR 708 Re Geneva Finance Ltd; Quigley v Cook (1992) 7 WAR 496
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 43
Date of hearing: 4 July 2023
Counsel for Applicant: Ms A Avery-Williams
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