Shannon (in his capacity as receiver and manager of North East Wiradjuri Co Limited) v North East Wiradjuri Co Limited (No 3) [2012] FCA 106

Shannon (in his capacity as receiver and manager of North East Wiradjuri Co Limited) v North East Wiradjuri Co Limited (No 3) [2012] FCA 106

Having considered the referee's report in full and applying the principles governing adoption of referee reports, the Court held that the proper exercise of power under Order 28.67 was to adopt the referee's report in whole; the further orders for the NEWCO annual general meeting followed from that adoption.

Jurisdiction
Australia
Judgment Date
09 February 2012
Procedural Posture
Practice and Procedure; Corporations / Interlocutory Application for Adoption of Referee's Report and Consequential Orders
Outcome
The interlocutory application was granted; the referee's report was adopted in full, consequential AGM directions were made, and there was no order as to costs.
Legal Topics
["adoption of Referee's Report" 'judicial Discretion on Referee Reports' 'annual General Meeting' 'election of Company Directors' 'receivers and Managers']
['practice and Procedure' 'corporations Law'] ["adoption of Referee's Report" 'judicial Discretion on Referee Reports' 'annual General Meeting' 'election of Company Directors' 'receivers and Managers']

Case Brief

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Procedural Posture

Practice and Procedure; Corporations / Interlocutory Application for Adoption of Referee's Report and Consequential Orders

Legal Issues

  1. 1 ['Whether the Court should adopt in full the report of the referee under Order 28.67 of the Federal Court Rules 2011.' 'Whether consequential orders should be made for an annual general meeting of NEWCO and directions as to its conduct.']

Ratio Decidendi

Having considered the referee's report in full and applying the principles governing adoption of referee reports, the Court held that the proper exercise of power under Order 28.67 was to adopt the referee's report in whole; the further orders for the NEWCO annual general meeting followed from that adoption.

Court Disposition

The interlocutory application was granted; the referee's report was adopted in full, consequential AGM directions were made, and there was no order as to costs.

Orders

  • ['An order pursuant to rule 28.67 of the Federal Court Rules 2011 adopting in full the report of the referee, the Hon Murray Wilcox AO QC, dated 15 November 2011, given in accordance with orders for referral pursuant to section 54A of the Federal Court Act 1976 made 11 March 2011.' 'An order pursuant to section...