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Mullan v Norby Pty Ltd, in the matter of Norby Pty Ltd [2024] FCA 462

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CORPORATIONS - Derivative action - Application by director for grant of leave under Corporations Act 2001 (Cth) s 237 to bring proceedings on behalf of company against co-director - co-director granted leave to appear as intervener - whether the applicant was acting in good faith - whether the application was in the best interests of the company - whether there was a serious question to be tried - leave granted. PRACTICE AND PROCEDURE - Pursuant to leave granted under Corporations Act 2001 (Cth) s 237, where company sought interim mandatory injunctions requiring the delivery up of company property - whether there was a serious question to be tried - whether balance of convenience weighed in favour of granting the injunction - interim mandatory injunction granted.

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