NRMA v Snodgrass; NRMA v Dupree [2002] NSWSC 590

Reported Decision : 42 ACSR 371

New South Wales Supreme Court

CITATION : NRMA v Snodgrass; NRMA v Dupree [2002] NSWSC 590 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3237 of 2002; 3345 of 2002 HEARING DATE(S) : 25, 27 and 28 June 2002 JUDGMENT DATE : 3 July 2002

National Roads & Motorists Association (Plaintiff in both proceedings) PARTIES : William Snodgrass (Defendant in proceedings No. 3237 of 2002) James Dupree (Defendant - Proceedings No 3345 of 2002) JUDGMENT OF : Windeyer J at 1

Mr R C McDougall, QC with him Mr R.G McHugh (Plaintiff in both proceedings) COUNSEL : In person (Defendant in proceedings 3237 2002) Submitting appearance (Defendant in proceedings 3345 of 2002) Corrs Chambers Westgath (Plaintiff in both proceedings) SOLICITORS : In person (Defendant in proceedings 3237 of 2002) Submitting appearance (Defendant in proceedings 3345 of 2002) CATCHWORDS : CORPORATIONS LAW - calling of general meeting by directors when requested by members under s249D of the Corporations Act - plaintiff seeks relief by way of an order under s1322(4)(d) extending time for the calling of the meeting and the holding of that meeting so that the resolutions can be put at the annual general meeting - the grounds for an extension include cost, inability to comply with statutory times and time between earliest possible time for special meeting and annual general meeting being two months LEGISLATION CITED : Corporations Act, s203D(4), s249D, s1322(4)(a) DECISION : See paragraph 18

- 11 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION