NSW Caselaw
Reported Decision : (2001) 38 ACSR 174
New South Wales Supreme Court
CITATION : NRMA Insurance Group Ltd v Spragg [2001] NSWSC 381 revised - 10/05/2001 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2507/01 HEARING DATE(S) : 08/05/01, 09/05/01 JUDGMENT DATE : 9 May 2001
PARTIES : NRMA Insurance Group Limited (ACN 090 739 923) (Plaintiff) Kenneth Spragg (Defendant) JUDGMENT OF : Santow J
P M Wood (Plaintiff) COUNSEL : A Hartnell (Solicitor) (Defendant) Ms D Latimer (Amicus) (ASIC) SOLICITORS : Mallesons Stephen Jaques (Plaintiff) Atanaskovic Hartnell (Defendant) CATCHWORDS : CORPORATIONS — Extension of time to hold requisitioned meeting under s1322(4) of Corporations Law where cost of having separate meeting from annual general meeting very high — Meaning of requirement that no substantial injustice caused — Whether any contractual obligation created in favour of retiring director for retirement benefit under policy adopted by board resolution. LEGISLATION CITED : Corporations Law s200G; s249D; s249P; s1322 Re Compaction Systems Pty Ltd (1976) 2 ACLR 135 Elderslie Finance Corp Ltd v Australian Securities Commission (1993) 11 ACLC 787 CASES CITED : NRMA Insurance Ltd v Carroll (1999) 32 ASCR 655 Sali v SPC Limited (1991) 9 ACLC 1,511 Super John Pty Ltd v Futuris Rural Pty Ltd (1999) 32 ACSR 398 DECISION : Extension of time granted effective five days hence.
REVISED — 10 May, 2001 IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY
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