In the matter of Concreting and Formwork Personnel Pty Ltd ACN 627 355 480 (In Liquidation) [2023] NSWSC 512

In the matter of Concreting and Formwork Personnel Pty Ltd ACN 627 355 480 (In Liquidation) [2023] NSWSC 512

Ms Dib was not validly appointed, nor did she act as, director or secretary due to lack of consent; her appointment recorded by ASIC was invalid and void.

Jurisdiction
Australia
Judgment Date
16 May 2023
Procedural Posture
Originating Process / Declaratory Orders After Hearing
Outcome
Declarations granted, proceedings adjourned for further relief, no order as to costs.
Legal Topics
['directors and Officers' 'invalid Appointments' 'declaratory Relief']
['corporations'] ['directors and Officers' 'invalid Appointments' 'declaratory Relief']

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Procedural Posture

Originating Process / Declaratory Orders After Hearing

Legal Issues

  1. 1 ['Whether plaintiff consented to be appointed as director and secretary of the company' 'Validity of purported appointment as director and secretary']

Ratio Decidendi

Ms Dib was not validly appointed, nor did she act as, director or secretary due to lack of consent; her appointment recorded by ASIC was invalid and void.

Court Disposition

Declarations granted, proceedings adjourned for further relief, no order as to costs.

Orders

  • ['Leave granted for Plaintiff to commence proceedings pursuant to section 500(2) of the Corporations Act 2001 (Cth).' 'Declaration that Jennifer Dib did not consent to act as, and was not appointed as, director of Concreting and Formwork Personnel Pty Ltd ACN 627 355 480.' 'Declaration that Jennifer Dib did not...