Mancini v Mancini [1999] NSWSC 799

Reported Decision : (1999) 17 ACLC 1570

New South Wales Supreme Court CITATION : Mancini v Mancini [1999] NSWSC 799 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 2955/99 HEARING DATE(S) : 19 & 20/07/99, 26/7/99-28/7/99 JUDGMENT DATE : 6 August 1999

PARTIES : Valda Lynne Mancini V John Peter Mancini JUDGMENT OF : Bryson J at 1

COUNSEL : Mr C Hodgekiss with Ms E. Glover for Plaintiff Ms McColl SC, Mr Beale and Mr Chrysostomou for Defendant SOLICITORS : Coleman & Greigg for Plaintiff McGrath Dicembre and Company for Defendant CATCHWORDS : CORPORATIONS - director - removal - purported removal of one of two directors by the other director at a meeting where she claimed to act in two capacities, first as herself and secondly under power of attorney for the other - removal was ineffective for (1) non-service in fact of the default notice which would have given rise to power of attorney (2) no notice of directors' meeting (3) attendance and voting at directors' meeting was not an act authorised by PA (4) Attorney under power cannot represent a director and provisions of Articles for alternate directors not complied with (5) one director in two capacities cannot form quorum of 2 (6) lack of good faith in purported exercise of power (7) lack of power of directors to remove a director by resolution, as power conferred by Articles on the company. News Limited v Australian Rugby Football League Limited (1996) 139 ALR 193 at 298 and 299 CASES CITED : Tobin v Broadbent (1947) 75 CLR 378 at 390-391 Equity Nominees Limited v Tucker (1967) 116 CLR 518 at 526 AW & LM Forrest Pty Ltd v Beamish (Young J unreported 27 August 1998) at p.6 DECISION : See paragraph 46