NSW Caselaw
New South Wales Supreme Court
CITATION : FAI Car Owners Mutual Insurance Company Pty Ltd & Ors [2009] NSWSC 1417
HEARING DATE(S) : 15/12/09
JUDGMENT DATE : 15 December 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 15 December 2009
DECISION : Short minutes to be brought in.
CATCHWORDS : CORPORATIONS - special resolution - company having one member - document refers to sole member (a company) being "present", to things being "noted" and to documents being "tabled" - clear nevertheless that it is a record of a special resolution by the sole member and signed by the sole member - requirements of s 249B(1) thus satisfied - observations on wording of directions given by court to liquidator under s 479(3)
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 249B(1), 479(3), 480
CATEGORY : Principal judgment
CASES CITED : FAI Car Owners Mutual Insurance Company Pty Ltd & Ors [2009] NSWSC 1350
Anthony Gregory McGrath and Christopher John Honey as liquidators of HIH (NSW) Pty Limited - Applicants (1) FAI General Insurance Company - Plaintiff FAI Car Owners Mutual Insurance Company Pty Ltd - Defendant (2) ACN 005 312 345 Pty Ltd - Plaintiff CIC Investments Ltd - Defendant (3) HIH Casualty and General Insurance Ltd - Plaintiff FAI Finance Corporation Pty Ltd - Defendant (4) FAI General Insurance Company Ltd - Plaintiff FAI Workers Compensation (Vic) Pty Ltd - Defendant (5) Lanlex No 65 Pty Ltd - Plaintiff (6) HIH Underwriting and Agency Services Ltd - Plaintiff Berzot Pty Ltd - Defendant (7) FAI General Insurance Company Ltd - Plaintiff PARTIES : Tangleberry Pty Ltd - Defendant (8) FAI Insurance Ltd - Plaintiff Radbath Holdings Pty Ltd - Defendant (9) Radbath Holdings Pty Ltd - Plaintiff Vanhall Pty Ltd - Defendant (10) FAI Insurance Ltd - Plaintiff FAI Investments Pty Ltd - Defendant (11) Lanlex No 45 Pty Ltd - Plaintiff Rhondda Collieries (Qld) Pty Ltd - Defendant (12) HIH Casualty and General Insurance Ltd - Plaintiff HIH (NSW) Pty Ltd - Defendant (13) Murray Campbell Smith as Liquidator of FAI Sunshine Coast Pty Limited - Applicant Gleneagles Properties Pty Ltd - Plaintiff FAI Sunshine Coast Pty Ltd - Defendant
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