CORPORATIONS - application for declarations and orders concerning composition of company board - where plaintiff purportedly removed as a director of company - whether plaintiff removed in accordance with shareholders' agreement and company constitution - whether plaintiff remains a director of the company - where defendant relies on s 1322 of the Corporations Act 2001 (Cth) - whether procedural irregularities in removal of director - whether to exercise discretion that removal not invalid - application allowed
PRACTICE AND PROCEDURE - application for leave to discontinue part of proceeding - terms of grant of leave to discontinue - costs of discontinued claims - where plaintiff sought to discontinue claims on second day of hearing - whether to award costs of discontinued claims on indemnity basis or party and party basis
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