In the matter of Washington H Soul Pattinson & Co Ltd [2013] NSWSC 2038

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Washington H Soul Pattinson & Co Ltd [2013] NSWSC 2038 Hearing dates: 4 November 2013 Decision date: 04 November 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: 1) Order made under s 1322(4)(d) of Corporations Act extending time under s 249D(5) of the Act for the directors of Washington H Soul Pattinson & Co Ltd to call the general meeting requested by or on behalf of the defendants by requisition dated 23 October 2013 until 24 January 2014. 2) Order made under Corporations Act s 1322(4)(d) that the time under s 249D(5) of the Act for Washington H Soul Pattinson & Co Ltd to hold the general meeting requested by or on behalf of the defendants by requisition dated 23 October 2013 be extended until and including 28 February 2014. Catchwords: CORPORATIONS - meetings - where company sought order under s 1322(4)(d) extending the time prescribed by s 249D(5) for the calling and holding of a requisitioned meeting - where extension to secure adequate time for the completion of necessary preparation for the meeting - time for calling and holding meeting extended Legislation Cited: (Cth) Corporations Act 2001 s 249D, s 1322(4)(d) Cases Cited: NRMA Insurance Group Ltd v Spragg [2001] NSWSC 381; (2001) 38 ACSR 174 NRMA Insurance Ltd v Carroll [1999] NSWSC 1022; (1999) 32 ASCR 655 NRMA Ltd v Scandrett [2002] NSWSC 1123 (2002); 43 ACSR 401 Category: Principal judgment Parties: Washington H Soul Pattinson & Co Ltd (plaintiff) MHC Fund Services A Pty Limited (first defendant) MHC Fund Services B Pty Limited (second defendant) M.H Carnegie & Co. Pty Limited (third defendant) RBC Investor Services Australia Nominees Pty Limited (fourth defendant) Perpetual Investment Management Limited (fifth defendant) Representation: Counsel: C R Newlinds SC (plaintiff) A Leopold SC (defendant) Solicitors: Baker McKenzie (plaintiff) Watson Mangioni (defendants) File Number(s): 2013/330562