//
archives

Adam

This tag is associated with 1 post

CORPORATIONS – constitution and replaceable rules – types of companies – construction of constitution – company incorporated for multiple occupancy living in a rural environment – dispute about members’ right to use common property for grazing cattle – constitution does not grant a right to graze cattle on common property to members – whether resolution of members passed in March 1999 is effective to withdraw permission to graze cattle on common property – whether resolution modifies class rights in contravention of procedure prescribed under the company’s constitution – whether company’s affairs conducted oppressively – application for winding up company adjourned so parties can modify their affairs on the basis of the Court’s judgment – HELD – resolution not effective to withdraw permission to graze cattle resolution is not a rule or regulation under memorandum of association clause 2(a)(iii) – no interference with class rights TORTS – trespass – trespass to land – defence of licence to enter property – whether defendants liable in trespass to the company for grazing their cattle on common property – HELD – defendants not liable in trespass as existing permission to graze cattle on common property not validly withdrawn by members resolution of March 1999 CONTRACTS – general contractual principles – whether company has breached contract with member by failing to issue lease to member in conformity with company’s constitution – HELD – no breach found MISLEADING AND DECEPTIVE CONDUCT – whether company misled members about the right to graze cattle on common property – HELD – no misleading or deceptive conduct found.

Currawinya Pty Limited v Adam; Adam v Currawinya Pty Limited [No. 2] [2011] NSWSC 1 (28 January 2011) Last Updated: 9 March 2011 Supreme Court New South Wales Case Title: Currawinya Pty Limited v Adam; Adam v Currawinya Pty Limited [No. 2] Medium Neutral Citation: [2011] NSWSC 1 Hearing Date(s): 9 September 2010 Decision Date: … Continue reading

Blog Stats

  • 2,870,516 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,904 other followers

Follow advocatemmmohan on WordPress.com