Coeur De Lion Investments Pty Limited v The President's Club Limited, in the matter of The President's Club Limited (No 2) [2019] FCA 1866

Coeur De Lion Investments Pty Limited v The President's Club Limited, in the matter of The President's Club Limited (No 2) [2019] FCA 1866

The application was dismissed because the Court was not satisfied that a serious question was made out warranting restraint of the AGM, the application was brought urgently after delay despite prior knowledge of the meeting and its usual timing, and unpaid levies also weighed against discretionary urgent interlocutory relief.

Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Corporations Application for Urgent Interlocutory Injunction / Ex Tempore Reasons on Application for an Injunction Pending Determination of the Principal Proceeding
Outcome
Application dismissed with costs.
Legal Topics
['annual General Meeting' 'interlocutory Injunction' 'serious Question' 'delay' 'costs']
['corporations' 'civil Procedure'] ['annual General Meeting' 'interlocutory Injunction' 'serious Question' 'delay' 'costs']

Case Brief

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Procedural Posture

Corporations Application for Urgent Interlocutory Injunction / Ex Tempore Reasons on Application for an Injunction Pending Determination of the Principal Proceeding

Legal Issues

  1. 1 ["Whether an urgent interlocutory injunction should restrain the conduct of The President's Club Limited's AGM scheduled for 11 November 2019." 'Whether the applicants established a serious question warranting injunctive relief restraining the AGM.' 'Whether delay, knowledge of the AGM, and unpaid levies affected the discretion to grant urgent interlocutory relief.']

Ratio Decidendi

The application was dismissed because the Court was not satisfied that a serious question was made out warranting restraint of the AGM, the application was brought urgently after delay despite prior knowledge of the meeting and its usual timing, and unpaid levies also weighed against discretionary urgent interlocutory relief.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an injunction pending the determination of the principal proceeding is dismissed.' 'The applicant, Coeur De Lion Investments Pty Limited, Palmer Leisure Australia Pty Ltd and Clive Frederick Palmer, pay the costs of the respondent of and incidental to the application.']