Federal Court of Australia
Federal Court of Australia
M.J.M Holdings (NT) Pty Ltd v Australian Marine Contractors [2024] FCA 691 File number(s): NTD 7 of 2024
Judgment of: O'SULLIVAN J
Date of judgment: 27 June 2024
Catchwords: CORPORATIONS — application by plaintiff for access to documents of the first defendant pursuant to s 247A of the Corporations Act 2001 (Cth) — consideration of whether the plaintiff is acting in good faith and that the inspection is to be made for a proper purpose — evidence sufficient to establish that the application was made in good faith and for a proper purpose — application too wide — order that plaintiff be provided with limited access to documents CORPORATIONS — interlocutory application by plaintiff for an interim injunction — that the third and fourth defendants be restrained from removing a director of the first defendant and restrained from managerial conduct of the first defendant — whether serious question to be tried — whether balance of convenience favours making of interim orders — application dismissed
Legislation: Corporations Act 2001 (Cth), ss 232, 233, 247A(1), 290, 1303, 1322(4), 1324(1)
Cases cited: Acehill Investments Pty Ltd v Incitec Ltd [2002] SASC 344 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Barrack Mines Ltd v Grants Patch Mining Ltd (1987) 12 ACLR 357 Barrack Mines Ltd v Grants Patch Mining Ltd (No 2) [1988] 1 Qd R 606 (Barrack Mines Ltd (No 2) Carlton & United Breweries (NSW) Pty Ltd v Bond Brewing New South Wales Ltd (1987) 76 ALR 633, 638; [1987] FCA 640 Cescastle Pty Ltd v Renak Holdings Ltd (1991) 6 ACSR 115 Enares Pty Ltd v Nimble Money Ltd [2022] FCAFC 126; (2022) 294 FCR 31 Ingram (As Trustee for The Ingram Superannuation Fund) v Ardent Leisure Ltd [2020] FCA 1302 Intercapital Holdings v MEH Ltd (1988) 13 ACLR 595 Knightswood Nominees Pty Limited v Sherwin Pastoral Company Ltd (1989) 15 ACLR 151, 156 Mesa Minerals Ltd v Mighty River International Ltd [2016] FCAFC 16 Praetorin Pty Ltd V TZ Ltd [2009] NSWSC 1237; (2009) 76 ACSR 236 Rasley (Singapore) Pte Ltd v Financial & Energy Exchange Ltd [2020] FCA 1462 Re Augold NL [1987] 2 Qd R 297, 308 Re Tolco Pty Ltd [2016] NSWSC 1069 Rowland v Meudon Pty Ltd [2008] NSWSC 381; (2008) 220 FLR 362 Unity APA Limited v Humes Limited (No 2) [1987] VR 474
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