NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Ryde Ex-Services Memorial & Community Club Limited [2015] NSWSC 125 Hearing dates: 9 February 2015 Decision date: 09 February 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made that the appointment of the administrator be declared valid under s 447C of the Corporations Act. Catchwords: CORPORATIONS – voluntary administration – appointment of administrator – where approval of appointment of an administrator was required by a third party authority – whether resolution passed at a director's meeting without quorum – whether administrator's appointment was valid. Legislation Cited: - Corporations Act 2001 (Cth) ss 436A, 447A, 447C, 447C(2), 1322, 1322(4) - Registered Clubs Act 1976 (NSW) s 41 Cases Cited: - Clifton and Hall v Berri Club Inc [2014] SASC 170 - Correa v Whittingham [2013] NSWCA 263 - Deputy Commissioner of Taxation v Portinex Pty Ltd (2000) 34 ACSR 391 - Re HPI Australia Pty Ltd [2008] NSWSC 1106 - Re Wood Parsons Pty Ltd (2002) 43 ACSR 257 - Smolarek v McMaster (as administrators of Eznut Pty Ltd [2006] WASCA 216 Category: Principal judgment Parties: Gregory Alexander Russell in his capacity as administrator of Ryde Ex-Services Memorial & Community Club Limited (Administrator Appointed) (Plaintiff) Ryde Ex-Services Memorial & Community Club Limited (Administrators Appointed) (Defendant) Representation: Counsel: C Harris SC (Plaintiff)
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