Re Duomatic Ltd

JurisdictionEngland & Wales
CourtChancery Division
Judgment Date1969
Date1969
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382 cases
  • Inderjit Singh Bhullar v Jatinderjit Singh Bhullar and Others
    • United Kingdom
    • Chancery Division
    • 2 March 2017
    ...to the wishes of any creditors and Inder has not sought to allege the contrary. 5.8. In those circumstances, the principle in Re Duomatic applies." 90 In my view the concession in paragraph 5.5 is a realistic acceptance of the position. Insofar as relevant I would go further and hold t......
  • Guinness Plc v Saunders and Another
    • United Kingdom
    • House of Lords
    • 8 February 1990
    ...but non-existent. In support of a quantum meruit claim, counsel for Mr. Ward relied on the decision of Buckley J. in In re Duomatic Ltd. [1969] 2 Ch. 365. In that case a company sought and failed to recover remuneration received by a director when the shareholders or a voting majority of th......
  • Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 18 October 2013
    ...and by Lawton LJ in Multinational Gas v Multinational Services [1983] Ch 258, 268 that the members must act in good faith. Thus, in Re Duomatic [1969] 2 Ch 365, 372 Buckley J cited with approval the view of Astbury J in Parker and Cooper Ltd v Reading [1926] Ch 975, 984 that the transact......
  • Patrick Mckillen (Petitioner) v Misland (Cyprus) Investments Ltd (a company registered in Cyprus) and Others
    • United Kingdom
    • Chancery Division
    • 21 December 2011
    ...there were no other parties to the agreement, the company is, in my judgment, properly considered a party by virtue of the principle in In re Duomatic Ltd [1969] 2 Ch 365 and other authorities. I should record that counsel for the company, which was not represented in court during the main ......
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4 firm's commentaries
  • 2020 Summer review M&A legal and market developments
    • United Kingdom
    • JD Supra United Kingdom
    • 20 September 2020
    ...but also that they have fully documented that process and related discussions, decisions and approvals.Click here to read more2 [1969] 2 Ch 365.92020 Summer reviewAt the time of most of the transactions C had been facing large claims for environmental nuisance, and subsequently went into li......
  • Compensation For Loss Of Office – Board Members Beware!
    • Ireland
    • Mondaq Ireland
    • 4 March 2014
    ...approval of a termination payment for a departing Board member. Footnotes 1 Connolly v Independent News & Media Plc [2012/4106 P] 2 [1969] 2 Ch 365 3 [2001] S.L.T.945 Court of Session (Outer House 4 This section has since been repealed and the present provision relating to compensation ......
  • Application Of The Duomatic Principle
    • United Kingdom
    • Mondaq UK
    • 15 February 2017
    ...to make a retrospective appointment,3 however this is not always the case4 and this method should not be relied upon. Footnotes [1] [1969] 2 Ch 365 [2] See Minmar Ltd v Khalastchi and another [2011] EWHC 1159 [3] See Adjei and others v Law for all [ 2011] EWHC 2672 (Ch). [4] See RE Care Mat......
  • So Say We All? Scope and Risks of Informal Shareholder Consent Clarified
    • United Kingdom
    • JD Supra United Kingdom
    • 22 September 2020
    ...This post was prepared with the assistance of Leanne Chen in the London office of Latham & Watkins. Endnotes [1] Re Duomatic Ltd [1969] 2 Ch 365. [2] Akierman Holdings Pty Ltd v. Akerman [2019] NSWSC 1486. [3] SJTC v. James Watlington et al [2020] SC (Bda) 19 Civ. [4] [2020] UKPC 21. [5......
3 books & journal articles
  • The Continuing Value of Relief for Directors' Breach of Duty
    • United Kingdom
    • The Modern Law Review Nbr. 66-2, March 2003
    • 1 March 2003
    ...dividends (based on true results);therefore the former directors were acting honestly and reasonably.4538 See Re Duomatic Ltd. [1969] 2 Ch 365 where, at 375–376, the failure to take legal advice,commonly regarded within the section’s concept of fairness, was taken to affect thereasonablenes......
  • Does the Corporations Power Extend to Reconstituting Corporations?
    • United Kingdom
    • Federal Law Review Nbr. 39-1, March 2011
    • 1 March 2011
    ...57 (1966) 117 CLR 52. 58 (1999) 195 CLR 636. 59 Ibid 646. 60 Ibid 645. 61 Ibid 649. See Re Duomatic Ltd [1969] 2 Ch 365. 62 Ian M Ramsay, G P Stapledon and Kenneth Fong, 'Affixing of the Company Seal and the Effect of the Statutory Assumption in the Corporations Law' (1999) 10 Journal of Ba......
  • Virtual shareholder meetings: who decides how companies make decisions?
    • Australia
    • Melbourne University Law Review Vol. 28 Nbr. 2, August 2004
    • 1 August 2004
    ...Guidelines 29 CFR [subsection] 2509-42 (2004). (22) [1976] 2 NSWLR 477, 485. See also Re HR Harmer Ltd [1959] 1 WLR 62: Re Duomatic Ltd [1969] 2 Ch 365: Justice Robert Austin's comments in the foreword to Greg Bateman, Company Meetings: What You Need to Know (2001) i, v-vi. (23) 683 A 2d 43......

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