NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Maleny Tricorp Hotel Pty Ltd [2020] NSWSC 1699 Hearing dates: 13, 14, 15 October 2020 Date of orders: 02 December 2020 Decision date: 02 December 2020 Jurisdiction: Equity Before: Emmett AJA Decision: See paragraph [94]. Catchwords: CORPORATIONS — meeting of members — resolutions — resolutions for removal of director —exercise of rights under shareholders' agreement — interaction between company constitution and shareholders' agreement — whether company has power to pass resolutions Legislation Cited: Corporations Act 2001 (Cth), ss 134, 140, 232, 233 Cases Cited: Almarie Investments Pty Ltd v Misidaro Pty Ltd [2018] NSWSC 804 Elders Forestry Ltd v BOSI Security Services Ltd [2010] SASC 223; 242 FLR 360 Levin v Clark [1962] NSWR 686; (1960) 80 WN (NSW) 485 Re A & BC Chewing Gum Ltd [1975] 1 All ER 1017; 1 WLR 579 Category: Principal judgment Parties: Ross Frank Harding (First Plaintiff) Richard James Harding (Second Plaintiff) Maleny Tricorp Hotel Pty Ltd (First Defendant) Anthony Francis Walsh (Second Defendant) Representation: Counsel: Dr C J Birch with A J Byrne (First and Second Plaintiffs) Submitting Appearance (First Defendant) B A Coles QC with A J Grant (Second Defendant)
Solicitors: Fishburn Watson O'Brien (Plaintiffs) Waterford Ryan (First Defendant) (Submitting Appearance) Norton Rose Fulbright Australia (Second Defendant) File Number(s): 2019/153249
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