NSW Caselaw
New South Wales Supreme Court
CITATION : Drillsearch Energy Ltd v McKerlie [2009] NSWSC 517 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 09/06/09
JUDGMENT DATE : 9 June 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 9 June 2009
DECISION : Proceedings permanently stayed.
CATCHWORDS : CORPORATIONS - general meetings - meeting called to consider motions for removal of five directors - company by resolution of three of those directors commences proceedings against parties including the other two - company seeks various declaratory relief and injunctions restraining holding of the general meeting - a director defendant seeks permanent stay because of disqualifying material personal interest of each director voting for initiation of proceedings - held that material personal interest existed - whether resolution invalid - whether statutory injunction lies - whether need for court to protect its processes from abuse
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 195(1), 195(1A), 195(1B), 195(5), 249Q, 606, 671B, 672B, 1324, 1325A
CATEGORY : Principal judgment
Cadwallader v Bajco Pty Ltd [2001] NSWSC 1193; (2001) 189 ALR 370 CASES CITED : McGellin v Mount King Mining NL (1998) 144 FLR 288 McKerlie v Drillsearch Energy Ltd [2009] NSWSC 488
Drillsearch Energy Limited - Plaintiff James David McKerlie - First Defendant PARTIES : Glenluce Properties Pty Ltd - Second Defendant Beng Kai Choo - Third Defendant Nefco Nominees Pty Ltd - Fourth Defendant Philip Francis Kelso - Fifth Defendant
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