In the matter of SecureNet Technologies Pty Ltd [2022] NSWSC 118

Supreme Court New South Wales

Medium Neutral Citation: In the matter of SecureNet Technologies Pty Ltd [2022] NSWSC 118 Hearing dates: 8 and 9 February 2022 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Parties to submit agreed orders within 14 days to give effect to judgment Catchwords: CORPORATIONS — Directors and officers — Appointment, removal and retirement of directors — where parties entered into a shareholder agreement — where shareholder agreement provided for the composition of the board of directors for a group of companies — where dispute as to the resignation of a director in accordance with the shareholder agreement — whether director resigned from all companies in the group —construction of the term "CEO Director" Legislation Cited: - Corporations Act 2001 (Cth) - Evidence Act 1995 (NSW), s 136 - Supreme Court Act 1970 (NSW), s 75 Cases Cited: - Bondi Beach Astra Retirement Village Pty Ltd v Hohman [2010] NSWSC 26 - Braude v Kaye [2013] VSC 705 - Brown v Gould [1972] 2 Ch 53 - Cypjayne Pty Ltd v Rodskog [2009] NSWSC 301 JR Consulting and Drafting Pty Ltd v Cummings [2014] NSWSC 1700 - Neeta (Epping) Pty Ltd v Phillips (1974) 131 CLR 286; [1974] HCA 18 - Re Leslie Muir Holdings Pty Ltd [2019] NSWSC 1519 - Trans Realties Pty Ltd v Grbac [1975] 1 NSWLR 170 Category: Principal judgment Parties: SecureNet Technologies Pty Ltd (First Plaintiff) SecureNet Monitoring Services Pty Ltd (Second Plaintiff) Andrew Wilson (Defendant) Representation: Counsel: M Bonnell (Solicitor) P Afshar (Defendant)