Hopkins Professional Services Pty Ltd v Foyster Holdings Pty Ltd

In the Federal Court of Australia, Hopkins Professional Services Pty Ltd sought an injunction against Foyster Holdings Pty Ltd, alleging that the latter was about to act in breach of its contractual obligations by casting votes at a general meeting of the company. The primary contention was that Foyster was not entitled to vote on certain resolutions because it had not been properly notified of the meeting, contrary to the company's constitution and the replaceable rules. The case was brought before the Court on an ex parte basis, given the urgency of the situation.

The legal issues before the Court were whether Hopkins could demonstrate a prima facie case for the relief sought and whether it was appropriate for the Court to grant the injunction without waiting for the outcome of the meeting. The Court had to consider the rights and obligations of the shareholders under the Corporations Act and the company's constitution, as well as the urgency of the situation.

The Court found that Hopkins had demonstrated a prima facie case that Foyster had not been properly notified of the meeting and that it was not entitled to vote on the resolutions. The Court further determined that it was not appropriate to await the outcome of the meeting before granting the injunction, given the potential for irreparable harm. Consequently, the Court granted an interim injunction restraining Foyster from voting on the resolutions until the matter could be fully heard.

The Court ordered that Foyster Holdings Pty Ltd be restrained from voting on the resolutions at the general meeting of Hopkins Professional Services Pty Ltd until the matter could be fully heard. The injunction was to remain in place pending the final determination of the proceedings.