Paul McQuade KC represented the respondent, instructed by Gilbert and Tobin.
The Applicants, Gladstone Region Aboriginal & Islander Community Controlled Health Service Limited and Centre for Regional and Rural and Torres Strait Islander Health, sought urgent interlocutory relief to restrain a meeting taking pace of the members of the Respondent (National Aboriginal Community Controlled Health Organisation). The Court considered the application of ss 232 and 233 of the Corporations Act 2001 (Cth), whether it is more probable than not that at the trial the Applicants would succeed should the evidence in the prima facie case remain the same, and whether the balance of convenience favours the grant of such relief.
The Court held that the Interlocutory Application be dismissed, that the Respondent send the Notice of the Extraordinary General Meeting (EGM) to the specified email addresses, and that the members by their authorised delegates be permitted to attend, participate, and vote in the EGM. The Court also ordered that the Respondent file and serve on the Applicants an affidavit setting out the aforementioned orders.
The judgment can be read by clicking here
