MYT Engineering Pty Ltd v Mulcon Pty Ltd

[1999] HCA 24
Judgment date
Case number
S117/1998
Before
Gleeson CJ, Gaudron, Gummow, Kirby, Hayne JJ
Catchwords

Corporations – Deed of company arrangement – Whether instrument required to be executed as a deed.

Corporations – Deed of company arrangement – Instrument not executed in accordance with company's articles of association – Whether instrument made by or on behalf of company – Whether instrument authenticated so as to bind company.

Corporations – Deed of company arrangement – Statute required instrument to be executed within specified time – Whether s 445G(3) of the Corporations Law applies when instrument not executed within specified time.

Words and phrases – "authenticated" – "deed" – "deed of company arrangement" – "executed by or on behalf of the company" – "substantially complied with".

Corporations Law, ss 182, 437C, 444B, 445G.