In the matter of iCash Payment Systems Limited [2013] NSWSC 1084

In the matter of iCash Payment Systems Limited [2013] NSWSC 1084

The orders extending the time for the holding of the meeting and restraining the defendant from proceeding with it were made not just to protect the plaintiffs but to ensure orderly conduct of proceedings and company affairs; vacating them would risk confusion to shareholders and disrupt orderly conduct.

Jurisdiction
Australia
Judgment Date
11 July 2013
Procedural Posture
Interlocutory Application / Application to Vacate Interlocutory Orders
Outcome
Application to vacate orders refused
Legal Topics
['vacating Interlocutory Orders' 'extraordinary General Meeting' 'notice to Shareholders' 'protection of Parties' 'company Meetings' 'injunction']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Vacate Interlocutory Orders

  1. 1 ['Whether orders restraining defendant from proceeding with extraordinary general meeting should be vacated when plaintiff no longer seeks their protection' 'Whether vacating orders would cause confusion to shareholders']

Ratio Decidendi

The orders extending the time for the holding of the meeting and restraining the defendant from proceeding with it were made not just to protect the plaintiffs but to ensure orderly conduct of proceedings and company affairs; vacating them would risk confusion to shareholders and disrupt orderly conduct.

Court Disposition

Application to vacate orders refused

Orders

  • ["Plaintiff's application to vacate the orders of 8 May 2013 refused" "Plaintiff to pay the defendant's costs of today"]