NSW Caselaw
Reported Decision : [2000] 34 ACSR 86 [2000] 18 ACLC 442
New South Wales Supreme Court
CITATION : Dick v Comvergent Telecommunications [2000] NSWSC 331 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2080 of 2000 HEARING DATE(S) : 17 April 2000 JUDGMENT DATE : 18 April 2000
Malcolm Stuart Dick (First Plaintiff) PARTIES : Annette Sylvia Presley (Second Plaintiff) Comvergent Telecommunications Limited (First Defendant) RSL Com Asia Limited (Second Defendant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr P.M. Jacobson QC with him Mr M.J. Steele (Plaintiffs) Mr J.C. Sheahan SC with him Mr R. Weber (Defendants) SOLICITORS : Somerville & Co (Plaintiffs) Atanaskovic Hartnell (Defendants) CATCHWORDS : CORPORATIONS LAW - agreement between company and its shareholder and two directors not to remove those directors except in certain circumstances- meetings - notice - meeting to remove directors - whether notice under Articles or s203D of Law - formal requirements of s203D not complied with - substantial prejudice that those directors proposed to be removed lost opportunity to put arguments against their removal - injunction to prevent removal of directors LEGISLATION CITED : Corporations Law, ss203D, 227, 249C, 1322, Chapter 2G.2 Link Agricultural Pty Limited v Shanahan (1998) 28 ASCR 498 CASES CITED : P.W. Saddington & Sons Pty Ltd and the Companies Code (1990) 19 NSWLR 674 Russell v Northern Bank Development Corporation Limited [1992] 1 WLR 588 DECISION : See paragraph 19
1 IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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