| In
the matter of Imperium Projects Pty Ltd (NSWSC) - corporations -
derivative action - former director granted leave to bring proceedings on
company’s behalf
|
| Graham v Western Australian Planning
Commission (WASCA) - costs - successful appeal from
decision of SAT - question of costs of proceedings before SAT remitted to SAT
|
| Summaries With Link (Five Minute Read) |
In the matter of Imperium
Projects Pty Ltd
[2015] NSWSC 16
Supreme
Court of New South Wales
Black
J
Corporations
– derivative action - former director and current shareholder of first
defendant company sought order under s237 Corporations
Act 2001 (Cth) granting leave to bring proceedings on behalf of company for
declarations that current directors contravened ss181 & 182, order that
they compensate company for damage, and an order for an account of profits -
best interests of company - serious questions to be tried - good faith - held: Court
satisfied former director established it was in company’s best interests to
bring proceedings in respect of some matters for which he sought leave to bring
derivative claims.
In the matter of Imperium
Projects Pty Ltd
|
Graham v Western Australian
Planning Commission
[2014] WASCA 234
Court
of Appeal of Western Australia
Martin
CJ, Buss JA & Beech J
Costs
– Court of Appeal concluded State Administrative Tribunal lacked jurisdiction
to determine compensation payable for taking of lots – Court ordered
application to strike out proceedings with respect to determination of
compensation for taking of one lot be remitted to SAT - parties disagreed
whether Court should make order with respect to costs of proceedings before SAT
- held: Court should not exercise its power to make orders with respect to
costs of proceedings before SAT - proceedings not completed - SAT not jurisdiction
in which costs ordered as matter of course -contentious issues best determined
by SAT rather than Court - respondent to pay appellants’ costs of appeal -
question of costs of proceedings before SAT remitted to SAT.
Graham
|
