NSW Caselaw
New South Wales Supreme Court
CITATION : NRMA Limited (Application of) NRMA Insurance Limited (Application of) [2000] NSWSC 33 revised - 10/02/2000 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 5131/99; 5132/99 HEARING DATE(S) : 08/02/2000 JUDGMENT DATE : 8 February 2000
PARTIES : NRMA Limited (ACN 000 010 506) (Plaintiff) NRMA Insurance Limited (ACN 000 016 722) (Plaintiff) JUDGMENT OF : Santow J
N O'Bryan/A G Bell (NRMA Limited) P M Wood/L McCallum (NRMA Insurance Limited) COUNSEL : T D Castle (ASIC) David Lewis Parker: in person
Corrs Chambers Westgarth (NRMA Limited) SOLICITORS : Freehill Hollingdale & Page (NRMA Insurance Limited) K Cuneo (ASIC) CATCHWORDS : CORPORATIONS — Procedure — Scheme of Arrangement — Court hearing under s411(1) for orders to convene meeting of members — Allegation by member of fraud levelled against directors — Requirement not satisfied to properly plead, particularise and substantiate by affidavit evidence — Leave declined to member to cross-examine managing director who had earlier filed affidavits — Relevance of time estimates. LEGISLATION CITED : Corporations Law, s411(1) DECISION : Declined to grant leave to cross-examine .
REVISED — 10 February, 2000 IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY
SANTOW J
No. 5131/99 In the matter of NRMA LIMITED ACN 000 010 506 and the Corporations Law NRMA LIMITED ACN 000 010 506 Plaintiff No. 5132/99 In the matter of NRMA INSURANCE LIMITED ACN 000 016 722 and the Corporations Law NRMA INSURANCE LIMITED ACN 000 016 722 Plaintiff
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