NATHAN LTD v ROSSINGTON HOLDINGS PTY LTD [1992] NSWCA 137

NATHAN LTD v ROSSINGTON HOLDINGS PTY LTD [1992] NSWCA 137

The appellant must permit the respondent to inspect certain documents referred to in the prospectus as obliged by s 1029, relief can be sought under s 1324, and the Court exercised its discretion to grant the order.

Parties
Appellant: Nathan Ltd; Respondent: Rossington Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
22 May 1992
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs; stay discharged.
Legal Topics
Prospectus, Document Inspection, Standing, Relief Under S 1324
Corporations Prospectus Document Inspection Standing Relief Under S 1324

Case Brief

Summary, issues, holding and outcome

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Parties

Nathan Ltd

Appellant

Rossington Holdings Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether s 1029 of the Corporations Law obliges the appellant to make documents available for inspection by the respondent
  2. 2 Whether the respondent has standing to seek relief under s 1324
  3. 3 Whether the Court should exercise its discretion to grant the order sought

Ratio Decidendi

The appellant must permit the respondent to inspect certain documents referred to in the prospectus as obliged by s 1029, relief can be sought under s 1324, and the Court exercised its discretion to grant the order.

Court Disposition

Appeal dismissed with costs; stay discharged.

Orders

  • Appeal dismissed with costs
  • Stay of proceedings discharged