NSW Caselaw
Reported Decision : 56 ACSR 711
New South Wales Court of Appeal
CITATION: CASSEGRAIN v CASSEGRAIN [2006] NSWCA 39
HEARING DATE(S): 21 February 2006 22 February 2006
JUDGMENT DATE: 22 February 2006
JUDGMENT OF: Mason P at 1; Ipp JA at 40
EX TEMPORE JUDGMENT DATE: 02/22/2006
DECISION: Summons dismissed with costs
CATCHWORDS: COSTS – CORPORATIONS – Members' remedies – Oppression – Where director caused company to oppose winding up despite legal advice that it was inevitable – Court may make order requiring person to do a specified act under s 233(1)(j) Corporations Act 2001 – More comprehensive than normal costs under s 76 Supreme Court Act 1970 – Costs order made requiring director to indemnify company – Appeal against – Whether appeal lies as of right – Application of s 101(2)(c) Supreme Court Act requiring leave where appeal is as to costs only – Held not to apply to costs indemnity orders made under Corporations Act s 232.
LEGISLATION CITED: Corporations Act 2001 ss233(1)(j), 461(1)(e), (f), (g), (k) Supreme Court Act s101(2)(c), s76
Australian Securities Commission v Austhome Investments Limited (1993) 44 FCR 194 Cassegrain and Anor v CTK Engineering Pty Limited and Anor [2005] NSWSC 495 CASES CITED: Gallo v Dawson (1990) 64 ALJR 58 Jackomarra v Krakouer (1998) 195 CLR 516 Michael v Freehill Hollingdale and Page (1990) 3 WAR 233 Re Minister for Immigration and Ethnic Affairs; Ex parte Li Qin (1997) 186 CLR 622
PARTIES: Claude George CASSEGRAIN Thomas Jean Roger CASSEGRAIN & 2 Ors
FILE NUMBER(S): CA 40513/2005
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