Woolf and National Disability Insurance Agency

This proceeding concerns an application for interlocutory relief brought by Mr Scheuer against Endless Solar and Harvard Nominees Pty Ltd. The dispute arose in the context of the deregistration and subsequent attempted reinstatement of Speedpanel Australia Ltd (SPA). Mr Scheuer, a shareholder of SPA, sought to restrain a purported meeting of SPA's members and the appointment of directors, alleging that the notices and proxy forms issued by Endless Solar and Harvard contravened various legal requirements.

The court was required to determine whether Mr Scheuer had established a prima facie case that the notices of meeting and proxy forms issued by Endless Solar and Harvard were unlawful, and whether the balance of convenience favoured the grant of an interlocutory injunction to prevent the meeting from proceeding. A key issue was the proper identification of SPA's members for the purpose of convening a valid meeting, particularly given that SPA had been without directors since 2020 and its registration had been deregistered in 2022.

O'Bryan J found that there was a prima facie case that the notices and proxy forms were in contravention of legal requirements. The court reasoned that the proposed meeting and director appointments were premature and potentially invalid, especially in light of the ongoing process for SPA's reinstatement and the absence of properly identified members. The balance of convenience favoured granting the injunction, as it would prevent potential prejudice to Mr Scheuer and allow for proper case management of the issues, including the identification of SPA's members and the supervised convening of a meeting if necessary. The court noted the close connection between this proceeding and a related reinstatement proceeding, ordering that both be case managed together.