NSW Caselaw
Reported Decision : (2001) 37 ACSR 382 (2001) 10 ACLC 769
New South Wales Supreme Court
CITATION : NRMA Limited v Snodgrass [2001] NSWSC 76 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4929 of 2000 HEARING DATE(S) : 14 February 2000 JUDGMENT DATE : 23 February 2001
PARTIES : NRMA Limited (Plaintiff) William Snodgrass (Defendant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr B R McClintock, SC with him Mr R S Hollo (Plaintiff) in person (Defendant) SOLICITORS : Corrs Chambers Westgarth (Plaintiff) in person (Defendant) CATCHWORDS : CORPORATIONS - members rights - right to requisition general meeting - meeting must be for a proper purpose - CORPORATIONS LAW - practice and procedure - s249Q - general meeting must be held for proper purpose - section does not change pre-existing law - CORPORATIONS LAW - constitution - resolution to change constitution - resolution to pay specified amount to an individual - resolution may usurp management but still within power - CORPORATIONS LAW - directors - whether special contract with company that provisions of constitution affecting directors would not be changed during their expected term - whether if such contract resolution can be passed resulting in breach - CORPORATIONS LAW - members rights - right not to be oppressed - usual remedy an action by the member/s under s232 - CORPORATIONS LAW - alterations to Constitution - whether restrospective - whether oppressive Company Law Review Act 1998 LEGISLATION CITED : Corporations Law s140, , s140(1)(b), s203D, s232, s232(c), s232(e) s249D, s249Q Legal Profession Act 1987 Supreme Court Rules Pt8 r11 Allen v Gold Reefs of West Africa Limited [1900] 1 Ch 656 Australian Innovations Limited v Petrovsky (Whitlam J, FCA unreported 31/5/96); Bailey v NSW Medical Defence Union Limited (1995) 184 CLR 399 Ford: Principles of Company Law 9th Edition, 7.123 CASES CITED : Gambotto v WCP Limited (1995) 182 CLR 432 Howard v Mechtler (1999) 30 ACSR 434 Humes Limited v APA Limited [1987] VR 467 NRMA Insurance Limited v Parker (1986) 6 NSWLR 517 Peters' American Delicacy Co Ltd v Heath (1939) 61 CLR 457 Swabey v Port Darwin Gold Mining Co (1889) 1 Meg 385. DECISION : See paragraphs 33, 34 and 35
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate