31 Mar 2021
The shareholder's resolution of 3 March 2021 was valid under s 241AA(2)(a); the Commissioner's challenge raised a live issue but failed; accordingly costs follow the event and the appropriate analogy for assessing the shareholder's steps is Step 23 of Schedule 3, resulting in Category 2 costs for one day at $2,390 plus the filing fee of $93.50.
18 Sept 2009
The unpaid statutory demand and absence of any defence entitled the court to make a winding up order. The purported shareholder special resolution appointing voluntary liquidators was invalid because there was no evidence of required written consents from the proposed liquidators prior to the resolution and the resolution was signed only by an undischarged bankrupt trustee without the other trustees' signatures; accordingly the court appointed a liquidator (John Francis Managh) given appropriate consent filed and placed the company into liquidation.
7 Nov 2006
Summary judgment was refused because the shareholder resolution was ambiguous as to whether it recorded a concluded contract, material factual disputes existed about intention to be bound, the alleged condition precedent (cessation of farming/sale of other land) may not have been satisfied, and credibility/conflicts of evidence required oral hearing before a binding determination could be made.