In the matter of Jervois Mining Ltd [2016] NSWSC 1650

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jervois Mining Ltd [2016] NSWSC 1650 Hearing dates: 22 November 2016 Date of orders: 23 November 2016 Decision date: 23 November 2016 Jurisdiction: Equity - Corporations List Before: Lindsay J Decision: Orders available under section 1322(4) of the Corporations Act 2001 Cth to allow an extraordinary general meeting (called pursuant to section 249F of the Act) to be held, chaired by an independent chairman appointed by the Court, despite non-compliance with a time constraint in section 203D(2) on a motion for removal of a director. Catchwords: CORPORATIONS – Membership, rights and remedies – Members' remedies and internal disputes – Meetings – Calling of extraordinary general meeting chaired by independent Court-appointed chairman Legislation Cited: Corporations Act 2001 Cth Cases Cited: BP Australia Limited v Brown (2003) 58 NSWLR 322 Central Exchange Limited v Rivkin Financial Services Limited [2004] FCA 1546; 213 ALR 771 David Grant & Co Pty Limited v Westpac Banking Corporation (1995) 184 CLR 265 Jones v Dunkell (1959) 101 CLR 298 Mortimer v Proto Resources & Investments [2015] FCA 654 Re Duet Management Company Limited [2013] NSWSC 817; 96 ACSR 34 Re Ryde Ex-Services Memorial & Community Club Limited (Administrator appointed) [2015] NSWSC 226 Weinstock v Beck (2013) 251 CLR 396 Category: Principal judgment Parties: Plaintiff: Scandium Development International Pty Ltd

First Defendant: Jervois Mining Limited Second Defendant: Duncan Campbell Pursell Third Defendant: Roger John Fairlam Fourth Defendant: Derek Alan Foster Representation: Counsel: Plaintiff: Ms IJ King Defendants: PG Willis SC