In the matter of Whitsunday Clean Sands Pty Ltd [2017] NSWSC 1199

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Whitsunday Clean Sands Pty Ltd [2017] NSWSC 1199 Hearing dates: 4 September 2017 Decision date: 04 September 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court makes declarations that the Plaintiff did not consent to act as, and was not appointed as, director or company secretary of the First Defendant and that his purported appointment as director and company secretary of the First Defendant on 24 January 2008 and 22 April 2016 respectively is void and of no effect. Catchwords: CORPORATIONS — Directors and officers — Appointment, removal and retirement of directors – Application for declarations that, inter alia, Plaintiff is not director or secretary of company – whether Plaintiff consented to appointment – whether Plaintiff director or secretary of company. Legislation Cited: - Bankruptcy Act 1966 (Cth) - Corporations Act 2001 (Cth), ss 201D, 201M, 204C, 1322 Cases Cited: - Ashrafinia v Ashrafinia [2012] NSWSC 500 - Forkserve Pty Ltd v Jack [2000] NSWSC 1064; (2001) 19 ACLC 299 - Hedges v NSW Harness Racing Club Ltd (1991) 5 ACSR 291 - Knight v Bulic (1994) 13 ACSR 553 - Kocic v Deputy Commissioner of Taxation [2011] NSWSC 322 - Re Centura Global Holdings Pty Ltd [2016] NSWSC 62; (2016) 111 ACSR 185 - Xie v Crisp [2011] VSC 154 Texts Cited: - Australian Corporations Law: Principles and Practice Category: Principal judgment Parties: George Francis Challoner (Plaintiff) Whitsunday Clean Sands Pty Ltd (First Defendant) Scott Ferguson Wardroper (Second Defendant) Neville Edgar McLiesh (Third Defendant) Representation: Counsel: D Leamey (Solicitor and Barrister) (Plaintiff)