NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Chapmans Ltd ACN 000 012 386 [2015] NSWSC 1313 Hearing dates: 4 May 2015 Date of orders: 04 May 2015 Decision date: 04 May 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Defendant to give notice to members of the terms of the resolution to be voted upon at the annual general, including an explanatory memorandum and information regarding members' rights to vote by proxy; period for notice to members abridged. Catchwords: CORPORATIONS – annual general meeting – ordinary resolutions – notice to members of resolutions to be considered and provision of relevant information – whether statutory requirement to provide relevant information in notice of meeting – obligation upon defendant to convene a valid meeting – Court's power to make order extending time for valid notice. Legislation Cited: (Cth) Corporations Act 2001, s 606, s 611, s 1322(1), s 1322(2), s 1322(4) Texts Cited: ASIC Regulatory Guide, 74.25 ASX Listing Rules, r 7.1, r 7.3 Category: Procedural and other rulings Parties: Peter Michael Kenneth Koadlow (plaintiff) Chapmans Ltd ACN 000 012 386 (first defendant) Peter James Dykes (second defendant) Anthony John Dunlop (third defendant) Representation: Counsel: N Kidd SC (plaintiff) W Muddle SC (first defendant)
Solicitors: Banki Haddock Fiora (plaintiff) ERA Legal (first defendant) File Number(s): 2015/129742
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