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[1999] FCA 373
General information, not legal advice.
Federal Court of Australia
1999-04-01
Lee J
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FEDERAL COURT OF AUSTRALIA Australian Securities & Investments Commission v Hallmark Gold NL [1999] FCA 373
CORPORATIONS LAW - application for declarations that persons not validly appointed as directors - persons appointed to fill casual vacancies - no election of directors to fill vacated offices at general meeting - whether persons continued as directors - construction of articles. Federal Court Rules O 32 r 2(d) ASIC v Hallmark Gold NL, Forge, Muir and Clark [1999] FCA 360 AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v HALLMARK GOLD NL ACN 000 817 023 and DAVID JOHN MUIR WG 3005 OF 1999 LEE J 1 APRIL 1999 PERTH
WESTERN AUSTRALIA DISTRICT REGISTRY WG 3005 OF 1999
BETWEEN: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION
WESTERN AUSTRALIA DISTRICT REGISTRY WG 3005 OF 1999
BETWEEN: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION
REASONS FOR JUDGMENT 1 The applicant ("ASIC") seeks a declaration that the second respondent ("Muir") was not a director of the first respondent ("Hallmark") on or after 18 December 1998. 2 The relevant facts are set out in the reasons delivered today in ASIC v Hallmark Gold NL, Forge, Muir and Clark [1999] FCA 360, an application for declaratory orders heard together with this application. 3 Muir, through solicitors then acting for him, had notice of the date of trial in this proceeding. He did not appear on the hearing and pursuant to O 32 r 2(d) of the Federal Court Rules the trial proceeded. 4 The declaration made in the above matter, that Muir ceased to be a director of Hallmark from 22 October 1998, makes any further declaration in this proceeding unnecessary. 5 The application will be dismissed with an order that Muir pay the costs of ASIC and Hallmark. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lee.
Associate: Dated: 1 April 1999 Counsel for the Applicant: M J Gething
Solicitor for the Applicant: Australian Securities & Investments Commission
Counsel for the First Respondent: M J McCusker QC N P Gentilli Solicitor for the First Respondent: Jackson McDonald
Date of Hearing: 15 March 1999
Date of Judgment: 1 April 1999
Australian Securities & Investments Commission
Hallmark Gold NL