NSW Caselaw
New South Wales Supreme Court
CITATION : HPI Australia Pty Ltd [2008] NSWSC 1106
HEARING DATE(S) : 20/10/08
JUDGMENT DATE : 21 October 2008
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Orders under s 447C and s 447A
CATCHWORDS : CORPORATIONS - voluntary administration - administrators purportedly appointed to each of several companies by sole director - constitution in one case allowed sole director but in others did not - whether action of sole director effective to cause resolution of board to be passed - in some cases sole remaining director permitted to act in "emergency" - whether appointment of administrators is "emergency" - in other cases act of sole director ineffective - whether curative order should be made - consideration of provision under which order should be made
LEGISLATION CITED : Companies (New South Wales) Code, Table A, Schedule 3, Regulations 57, 73, 74 Corporations Act 2001 (Cth), Part 5.3A, ss 248F, 436A(1), 447A, 447C, 1322(4), 1322(6)
CATEGORY : Principal judgment
Australasian Memory Pty Ltd v Brien [2000] HCA 30; (1999) 200 CLR 270 Glen Morton Holdings Pty Ltd v D'Aloia [2001] FCA 1331 CASES CITED : McVeigh v Merlo [2004] VSC 107 Re Continental Pacific Insurance Co (Aust) Ltd [2002] NSWSC 789 Re Pasdonnay Pty Ltd [2005] FCA 335; (2005) 53 ACSR 717 Re Supreme Imports Pty Ltd [2001] NSWSC 1209
PARTIES : Simon Cathro (in his capacity as administrator) - Applicant
FILE NUMBER(S) : SC 4827/08
COUNSEL : Mr J Baird - Applicant
SOLICITORS : Sparke Helmore - Applicant
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