Dairy Farmers Milk Co-operative Ltd v Australian Co-operative Foods Ltd [2008] NSWCA 126

Reported Decision: 66 ACSR 540

New South Wales Court of Appeal

CITATION: Dairy Farmers Milk Co-operative Ltd v Australian Co-operative Foods Ltd [2008] NSWCA 126

HEARING DATE(S): 1 May 2008

JUDGMENT DATE: 4 June 2008

JUDGMENT OF: McColl JA at 1; Basten JA at 1; Young CJ in Eq at 47

DECISION: Appeal dismissed with costs.

CATCHWORDS: CORPORATIONS – co-operatives – variation of statutory cap on ownership by resolution of co-operative – whether proportion varied – Co-operatives Act 1992, s 289 - CORPORATIONS – resolutions – construction – whether resolutions ambiguous - CORPORATIONS – co-operatives – schemes of arrangement - CORPORATIONS – s 1322 Corporations Act 2001 (Cth) – whether deficiencies in resolutions procedural irregularities capable of being cured.

LEGISLATION CITED: Co-operatives Act 1992 Corporations Act 2001 (Cth)

CATEGORY: Principal judgment

Australian Broadcasting Commission v Australasian Performing Right Association Ltd [1973] HCA 36; 129 CLR 99 Australian Co-operative Foods Ltd v Dairy Farmers Milk Co-operative Ltd [2007] NSWSC 1311 Bullock v Federated Furnishing Trades Society of Australia (No 1) (1985) 5 FCR 464 Devereaux Holdings Pty Ltd v Pelsart Resources NL (No 2) (1985) 9 ACLR 956 In re North Victoria Deep Leads Gold Mines Ltd [1934] ArgLR 221 CASES CITED: MacConnell v E Prill & Co Ltd [1916] 2 Ch 57 Omega Estates Pty Ltd v Ganke (1962) 80 WN (NSW) 1218 Re International Harvester Co of Australia Pty Ltd [1953] VLR 669 Re Penarth Pontoon Slipway and Ship Repairing Co [1911] WN 240 (Eng) Rural Press Ltd v Australian Competition and Consumer Commission [2003] HCA 75; (2003) 216 CLR 53 Ryan v Edna May Junction Gold Mining Co No Liability [1916] HCA 37; (1916) 21 CLR 487 Stylis v United Medical Protection Ltd [2007] NSWCA 109