Sheahan v Londish [2010] NSWCA 270

Reported Decision: 80 ACSR 337

New South Wales Court of Appeal

CITATION: Sheahan v Londish [2010] NSWCA 270

HEARING DATE(S): 17 August 2010

JUDGMENT DATE: 21 October 2010

JUDGMENT OF: Hodgson JA at [1]; Young JA at [39]; Lindgren AJA at [179]

1. Extend the time for making an application for leave to appeal until 13 April 2010. 2. Grant leave to appeal. 3. Direct the applicants to file a notice of appeal in the form behind Tab 7 of the White Appeal Book within 7 days. 4. Allow the appeal. DECISION: 5. Set aside the orders made by Brereton J and entered on 6 October 2009. 6. Declare that the purported appointment of the appellants as administrators of Valofo Pty Ltd (Valofo) on 16 July 2009 is not invalid by reason of either or both of the following: Peter Londish not having been removed as a director of Valofo on 26 February 2009 and Sidney Londish not having been appointed as a director of Valofo in his place on that date in conformity with s 249B of the Corporations Act 2001 (Cth); Peter Londish not having been removed as a director of Londish Nominees Queensland Pty Ltd (LNQ) on 25 February 2009 and Sidney Londish not having been appointed as a director of LNQ in his place on that date in conformity with s 249B of the Corporations Act 2001 (Cth). 7. Reserve questions of costs. 8. Direct that the appellants make any submissions on costs within 14 days of the date of these reasons, the other parties within 14 days after receiving the appellants' draft with the appellants to have a further seven days after receiving those submissions to reply. Unless a party seeks to speak to the submissions the matter of costs will be decided on the papers.