Ex Parte Bernadette Claudia Contoret (XP 20 of 2023) [2023] SCSC 608 (4 August 2023)

Ex Parte Bernadette Claudia Contoret (XP 20 of 2023) [2023] SCSC 608 (4 August 2023)

The only continuing director of the company has the power to appoint a second director to fill the vacancy created by the death of the previous director, without the intervention of the court. The court has no power to appoint a director in these circumstances.

Citation
[2023] SCSC 608
Parties
Petitioner: Bernadette Claudia Contoret; Company: La Buse Manufacture Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 August 2023
Case Number
XP 20 of 2023
Procedural Posture
Ex Parte Petition / Judgment
Outcome
Application dismissed
Legal Topics
Appointment of Directors, Casual Vacancy in Directorship, Powers of Continuing Director
Source Language
English
Company Law Appointment of Directors Casual Vacancy in Directorship Powers of Continuing Director

Case Brief

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Parties

Bernadette Claudia Contoret

Petitioner

La Buse Manufacture Ltd

Company

Procedural Posture

Ex Parte Petition / Judgment

Legal Issues

  1. 1 Whether the court can appoint a second director to the company after the death of the majority shareholder and director
  2. 2 Whether the continuing director has the power to appoint a new director without court intervention

Ratio Decidendi

The only continuing director of the company has the power to appoint a second director to fill the vacancy created by the death of the previous director, without the intervention of the court. The court has no power to appoint a director in these circumstances.

Court Disposition

Application dismissed