Andrews v Queensland Racing Ltd (No 4)

[2009] QSC 375

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

P MCMURDO J

No BS12551 of 2009

IN THE MATTER OF QUEENSLAND RACING LIMITED
ACN 116 735 374

ANTHONY HANMER

Applicant

and

QUEENSLAND RACING LIMITED
ACN 116 735 374

Respondent

BRISBANE

..DATE 19/11/2009

ORDER

HIS HONOUR: Further to my reasons for judgment published last

Friday, and the further remarks I made on Friday afternoon,

the annual general meeting of Queensland Racing Limited was

adjourned on Tuesday, after the disposition of other business,

for the purpose of disposing of this matter of the selection

of directors.

I am informed that the meeting has been adjourned until

21 December 2009.

The parties are agreed now upon the orders which should be

made for various abridgements of time for the taking of steps

in this selection process.

I accept that it is proper in each case to exercise the power

under section 1322(4) to abridge time, as is proposed by that

draft order.

The power under that provision extends to time limits imposed

other than by the Act, including limits imposed by the

company's constitution. See Re Tantalex Limited [1986]

8 NSWLR 8 and Re Phylogica Limited (2004) 52 ACSR 159.

Accordingly, there will be orders in terms of that draft,

which I've initialled and placed with the file.

...

There will be a further order dismissing the

application filed on 18 November 2009 by Queensland

Racing Limited, which had sought orders for the delivery up of

material by Northern Recruitment Company Proprietary Limited

and its principal, Mr Mark Wilson.

It appears that those parties have agreed on an arrangement

which makes that application unnecessary.

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CaseChat Overview and Summary

The case of Andrews v Queensland Racing Limited (No 4) was heard in the Supreme Court of Queensland. The applicant, Anthony Hanmer, sought orders for the delivery up of material from Northern Recruitment Company Proprietary Limited and its principal, Mark Wilson. Queensland Racing Limited, the respondent, opposed the application and sought adjournment of the annual general meeting to allow for the selection of directors. The court had to decide whether to grant the applicant's orders for delivery up of material and whether to adjourn the meeting.

The legal issues the court was required to decide were whether the applicant was entitled to the delivery up of material from Northern Recruitment Company and its principal and whether the annual general meeting should be adjourned to allow for the selection of directors. The court noted that the parties had reached an agreement that made the application for delivery up of material unnecessary, and that the meeting had been adjourned to allow for the selection of directors.

The court exercised its power under section 1322(4) to abridge time for the taking of steps in the selection process. The court found that the power under that provision extended to time limits imposed by the company's constitution and made orders in terms of the draft order proposed by the parties. The court also dismissed the application for delivery up of material as it was no longer necessary.

The final orders of the court were that the application for delivery up of material be dismissed, the annual general meeting be adjourned until 21 December 2009 to allow for the selection of directors, and orders be made in terms of the draft order proposed by the parties for the abridgement of time for the taking of steps in the selection process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established