CORPORATIONS - MEETINGS - REQUISITION - DIRECTORS - RESOLUTION FOR REMOVAL - Defendants requisitioned general meeting for the purpose of considering single resolution for the removal of five named directors as a group (Resolution A) - whether more than one director can validly be removed by a single resolution - general policy of Corporations Act - construction of s.203D. HELD: Resolution A is valid.
RESOLUTION FOR REMOVAL - FUTURE DIRECTORS - Defendants requisitioned general meeting for purpose of considering resolution to remove any director who might be appointed during a specified future period to fill casual vacancies (Resolution B) - construction of s.203D. HELD: Section 203D applies only to a resolution to remove a director who is in office at the time that notice of intention to remove the resolution is given to the company; Resolution B is invalid.
Acts Cited:
Acts Interpretation Act, 1901 (Cth) - s.23(b)
Case Details
Citation[2002] NSWSC 1123
CourtNSWSC
JurisdictionNew South Wales
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