NSW Caselaw
(2001) 39 ACSR 1 Reported Decision : (2001) 19 ACLC 1592 [2001] NSWSC 626 [2001] ACL Rep 120 NSW 114
New South Wales Supreme Court
CITATION : Re Builders Associated (Admin Apptd); ex parte Lord [2001] NSWSC 626 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3569/01 HEARING DATE(S) : 16 & 19 July 2001 JUDGMENT DATE : 25 July 2001
PARTIES : John Frederick Lord (P) JUDGMENT OF : Austin J
COUNSEL : S D Robb QC (P) G Boland (Sol) Australian Securities and Investments Commission (amicus curiae) SOLICITORS : Le Compte Davey (P) Jan Redfern, Solicitor for Australian Securities and Investments Commission (amicus curiae) CATCHWORDS : CORPORATIONS - voluntary administration - meeting of creditors - whether administrator may use general proxies to vote against a motion to remove him or her from office LEGISLATION CITED : Corporations Act, ss 256C(2), 257D(1), 260B(1), 436E, 447D Corporations Regulations, regs 5.6.11, 5.6.29, 5.6.33 Employers' Mutual Indemnity (Workers' Compensation) Ltd v J S T Transport Services Pty Ltd (1997) 23 ACSR 197; 15 ACLC 314 CASES CITED : Re Honeysuckle Kitchens Ltd ( In liq); Exotic Building Supplies Ltd v Debcich (1991) 5 NZCLC [96-508] Re TC Bricklayers Pty Ltd (Admin Apptd) (Supreme Court of Queensland, Dowsett J, unreported, 29 October 1997) DECISION : Administrator directed that reg 5.6.33(1) did not prevent him from voting general proxies held by him against the proposed resolution to remove him from office and appoint a replacement
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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