NSW Caselaw
Reported Decision : 78 ACSR 43
New South Wales Supreme Court
CITATION : Dr Nair v Arturus Capital Limited [2010] NSWSC 329
HEARING DATE(S) : 19 April 2010
JUDGMENT DATE : 30 April 2010
JUDGMENT OF : Davies J
DECISION : (1) Separate questions answered as follows: (a) No; (b) No; (c) It is not necessary to decide this question. (2) The Defendant must pay the Plaintiff's costs of the hearing of the separate questions.
CATCHWORDS : CORPORATIONS - management and administration - officers of corporation - CEO and Managing Director - retirement from office - retirement benefit - whether exempt benefit - whether officer held the office at the time of making the agreement for the retirement benefit - whether member approval required - whether approval given by approval of Director's report generally.
LEGISLATION CITED : Companies Code Corporations Act 2001 (Cth)
CATEGORY : Separate question
Claremont Petroleum NL v Cummings (1992) 9 ACSR 1 CASES CITED : Desmond Randall v Aristocrat Leisure Ltd [2004] NSWSC 411 Dome Resources NL v Silver [2008] NSWCA 322 Fox v GIO Australia Ltd [2002] NSWIRComm 318
PARTIES : Dr Chenicheri Hariharan (Hari) Nair (Plaintiff) Arturus Capital Ltd (Defendant)
FILE NUMBER(S) : SC 2008/285665
COUNSEL : P Silver (Plaintiff) R M Goot SC (Defendant)
SOLICITORS : HWL Ebsworth Lawyers (Plaintiff) Johnson Winter Slattery (Defendant)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
DAVIES J
30 APRIL 2010
2008/285665 DR NAIR V ARTURUS CAPITAL LTD
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