NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Sam Beast Mask Pty Ltd [2024] NSWSC 941 Hearing dates: 18 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with Short Minutes of Order. Catchwords: CORPORATIONS — Directors and officers — Appointment, removal and retirement of directors – Application for declarations that Plaintiffs were not appointed as company directors – whether Plaintiffs consented to appointment. Legislation Cited: Corporations Act 2001 (Cth), ss 201D, 201M, 204C, 500(2). Cases Cited: - Re Concreting and Formwork Personnel Pty Ltd ACN 627 355 480 (In Liquidation) [2023] NSWSC 512 - Forkserve Pty Ltd v Jack [2000] NSWSC 1064; (2001) 19 ACLC 299 - Hedges v NSW Harness Racing Ltd (1991) 5 ACSR 291 - Knight v Bulic (1994) 13 ACSR 553 - Re Whitsunday Clean Sands Pty Ltd [2017] NSWSC 1199 Category: Principal judgment Parties: Patrick Killalea (First Plaintiff) Scott Findlay (Second Plaintiff) Sam Beast Mask Pty Ltd (First Defendant) Deputy Commissioner of Taxation (Second Defendant) Australian Securities and Investments Commission (Third Defendant) Representation: Counsel: M Kearney (Plaintiffs)
Solicitors: Horne Legal (Plaintiffs) File Number(s): 2024/93555
Judgment – ex tempore (Revised 18 July 2024)
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