Federal Court of Australia
Federal Court of Australia
Graham v Newchurch [2023] FCA 1411 File number: WAD 282 of 2023
Judgment of: COLVIN J
Date of judgment: 14 November 2023
Date of publication of reasons: 15 November 2023
Catchwords: CORPORATIONS - application for interlocutory injunction to restrain first to fourth respondents from taking various actions in relation to the fifth respondent - where applicant seeks leave to bring the action on behalf of the fifth respondent - where corporation is a registered Native Title Body Corporate under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) - where corporation currently has no chief executive officer or independent director - where ability for corporation to make decisions regarding its operations is uncertain - where annual general meeting has been scheduled - leave for applicant to bring action granted - orders in relation to bank account made - orders made establishing a caretaker group to finalise arrangements for AGM - liberty to apply for further orders
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Cases cited: Frigger v Trenfield [2019] FCA 1746
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 13
Date of hearing: 14 November 2023
Counsel for the Plaintiff: Mr BH Taylor with Mr JW Daly
Solicitor for the Plaintiff: Mills Oakley Lawyers
Counsel for the Defendants: Mr D Chandler
Solicitor for the Defendants: Yimba Pty Ltd
ORDERS WAD 282 of 2023
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