In the matter of Statewide Office Furniture Pty Ltd [2015] NSWSC 142

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Statewide Office Furniture Pty Ltd [2015] NSWSC 142 Hearing dates: 18 February 2015 Decision date: 18 February 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made declaring members' resolutions invalid due to inquorate meeting. Order made under s 249G for meeting of members with a quorum less than that prescribed by the articles of association. Catchwords: CORPORATIONS – management and administration – meetings – orders sought for s 1322 declaration that resolutions were valid notwithstanding procedural irregularity – where meeting of members conducted with lack of quorum – whether an order under s 249G required to convene a meeting of members because of impracticability. Legislation Cited: - Companies Act 1961 (NSW) s 137 - Companies Code 1981 s 539 - Corporations Act 2001 (Cth) ss 249F, 249G, 1322(1), 1322(2), 1322(4), 1322(6) - Supreme Court Act 1970 (NSW) s 66 Cases Cited: - Amlaki FZ LLC v Pinnacle Network (Australia) Pty Ltd [2008] FCA 1491 - Boaz v Hyde [2014] NSWSC 1591 - Beck v Tuckey Pty Ltd (2004) 49 ACSR 555 - Central Exchange Ltd v Rivkin Financial Services Ltd (2004) 51 ACSR 441 - Chalet Nominees (1999) Pty Ltd v Murray [2012] WASC 147 - Nenna v Australian Securities & Investments Commission [2011] FCA 1193; (2011) 284 ALR 386 - PW Saddington & Sons Pty Ltd (1990) 19 NSWLR 674 - Re DUET Management Co 1 Ltd [2013] NSWSC 817; (2013) 95 ACSR 34 - Whitehouse v Capital Radio Network Pty Ltd [2004] TASSC 12; (2004) 48 ACSR 569 Category: Procedural and other rulings Parties: Simon Stojic (Plaintiff) Statewide Office Furniture Pty Ltd (First Defendant) Anton Stojic (Second Defendant) Ivan Stojic (Third Defendant) Josip Bezina (Fourth Defendant) Representation: Counsel: S A Goodman (Plaintiff) J B King (Second Defendant) J T Johnson (Fourth Defendant)