8 Aug 2012
NORMAN v ANZ NATIONAL BANK LIMITED COA CA732/2011
- Citation
- COA CA732/2011
- Court
- Court of Appeal
The guarantee signed by the alternate director bound AKE; s18 Companies Act 1993 applied and the proviso did not exclude protection for ANZ; failure to have pre‑existing written consent under s152 did not invalidate the appointment or the acts of the director because s158 validates acts of defectively appointed directors; the handwritten alterations were clerical and did not vitiate the guarantee; accordingly no substantial dispute existed and the liquidation order and immediate winding up were properly made; liquidator entitled to remuneration to be fixed in High Court.