| Ross & Anor as Joint & Several Administrators Of GNC Homes P/L (Admin Apptd) v GNC Homes P/L (Admin Apptd) (SASC) - corporations - confirmation of validity of appointment of administrators of company - declaration |
| Summaries With Link (Five Minute Read) |
Ross & Anor as Joint & Several Administrators Of GNC Homes P/L (Admin Apptd) v GNC Homes P/L (Admin Apptd) [2015] SASC 168
Supreme Court of South Australia
Dart J
Corporations - plaintiffs appointed as administrators of defendant company following passing of resolution by sole director of company (Burrows) - four days after appointment solicitors of defendant shareholders advised administrators that shareholders had resolved to remove Burrows and that he had no authority to appoint administrators - plaintiffs sought declaration or order confirming validity of appointment - ss128, 129, 447A & 447C Corporations Act 2001 (Cth) - indoor management rule - whether Burrows removed as director of company - held: in circumstances the appointment of the administrators was valid because company not entitled to dispute Burrows was sole director validly exercising powers - plaintiffs entitled to declaration.
Ross
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