| Mortimer v Proto Resources & Investments Ltd, in the matter of Proto Resources & Investments Ltd (FCA) - corporations - notice of general meeting invalid - company restrained from proceeding with business at meeting purportedly convened |
| Sherrah v Commonwealth Superannuation Corporation (FCA) - superannuation - processing of claim for benefit - determination affirmed - appeal dismissed |
| Roxo v Normandie Farm (Dairy) Pty Ltd (NSWSC) - mortgages - possession - lender entitled to possession of property |
| Seeto Kui (Holdings) Ltd v Chow (QSC) - costs - judgments and orders - application to register four judgments obtained in Papua New Guinea dismissed |
| Watts v RHG Mortgage Corporation Ltd (WASCA) - judgments and orders - possession - suspension of enforcement of judgment granted |
| Summaries With Link (Five Minute Read) |
Mortimer v Proto Resources & Investments Ltd, in the matter of Proto Resources & Investments Ltd [2015] FCA 654
Federal Court of Australia
Gleeson J
Corporations - plaintiffs were directors of company - plaintiffs sought declaration that Notice of General Meeting of first defendant company purporting to convene general meeting of company was invalid and of no force and effect - agenda for meeting included proposed resolutions that plaintiffs be “dismissed” as directors - plaintiffs also to restrain company from convening, holding or arranging any general meeting of company pursuant to notice of general meeting - ss180, 183, 203D, 249C, 249D, 249E, 249L, 249HA & 1322 Corporations Act 2001 - obligation and power to convene meeting - construction of s249D - held: no general meeting called in accordance with requirements of s249D in response to requisition notice - notice of general meeting ineffective to call meeting pursuant to s249D - notice of general meeting invalid - company restrained permanently from proceeding with any business at general meeting purportedly convened in accordance with notice.
Mortimer
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Sherrah v Commonwealth Superannuation Corporation [2015] FCA 698
Federal Court of Australia
Besanko J
Superannuation - applicant member of Commonwealth Superannuation Scheme sought extension of time to appeal from Superannuation Complaints Tribunal’s affirmation of first respondent’s determination in relation to processing a claim for benefit - Superannuation Act 1976 (Allocated Interest – CSS) Determination 2007 - competency - ‘termination day’ - offer of compensation - ss14 & 37 Superannuation (Resolution of Complaints) Act 1993 - held: extension of time granted - notice of objection to competency dismissed - no improper construction of ‘termination day’ - determination not invalid - matters raised concerning quantum of offer did not raise question of law - appeal dismissed.
Sherrah
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Roxo v Normandie Farm (Dairy) Pty Ltd [2015] NSWSC 895
Supreme Court of New South Wales
Schmidt J
Mortgages - possession - defendant registered proprietor granted plaintiff registered mortgage over property to secure loan - principal due to be repaid in June 2005 - plaintiff sought possession of property under s60 Real Property Act 1900 - defendant claimed plaintiff bound by an oral agreement he made with its sole director and shareholder who also borrowed funds from plaintiff - on basis of agreement defendant claimed plaintiff not entitled to recover interest - defendant claimed it had repaid all it owed to plaintiff and plaintiff was not entitled to possession - held: plaintiff established relevant default under mortgage - plaintiff established entitlement to order for possession - defendant failed to establish basis for resisting order - judgment for plaintiff - possession order made.
Roxo
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Seeto Kui (Holdings) Ltd v Chow [2015] QSC 193
Supreme Court of Queensland
Martin J
Costs - judgments and orders - applicant sought that respondent pay its costs of application to register four judgments obtained in Papua New Guinea under Foreign Judgments Act 1991 (Cth) - respondent objected on basis no step had been taken for over two years before making application - respondent also contended applicant not entitled to obtain registration of three of the judgments and had lost the right to register the fourth judgment - s238 Companies Act 1997 (PNG) - s6(6) Foreign Judgments Act 1991 (Cth) - r389(2) Uniform Civil Procedure Rules 1999 - ‘step’ - ‘judgment creditor’ - held: no step taken in proceedings for a more than two years before application brought - applicant required leave to proceed - applicant was not person in whose favour three of judgments were given - rights in those judgments were not vested in applicant - applicant was not ‘judgment creditor’ in whose favour three of the four judgments were given - applicant would have failed in application to register the three judgments - applicant did not demonstrate it should have leave to proceed in respect of fourth judgment - application dismissed.
Seeto
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Watts v RHG Mortgage Corporation Ltd [2015] WASCA 139
Court of Appeal of Western Australia
McLure P & Newnes JA
Judgments and orders - possession - Master ordered appellants to deliver vacant possession of properties to respondent - properties had been mortgaged to respondent to secure loans and credit facilities - Master also ordered appellants to pay sum to respondent - appellant sought order suspending enforcement of judgment until determination of appeal - s15 Civil Judgments Enforcement Act 2004 - procedural fairness - National Credit Code - held: appellants had reasonable prospects of persuading Court there were arguable grounds of defence that should go to trial - balance of convenience favoured appellants - special circumstances established to justify suspension of enforcement of judgment - enforcement suspended until further order.
Watts
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