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Tuesday, June 15, 2010

Another one for the lawyers

As the date for the AGM of the Hospital approaches all kinds of correspondence is flowing from the Hospital CEO's office. It usually denys the petitioner information that the petitioner would like to have so that an argument could be made for certain positions at the AGM.

The latest letter, sent to all of those members who petitioned for a special meeting, contains the following paragraph.

Note the words"specifically". However when checking the section 67 of the Corporations Act we see that it doesn't say that. Section 67 says that a Corporation may insert language that enables the removal of Directors. Something quite different from being specifically banned from asking for the removal of Directors.

The BurdReport only uses this as an example of the way the Hospital is playing hardball with its perceived opponents to force the use of a lawsuit knowing that they have the money ot fight one (BTW whose money is it that they using, the lawyer they use a MR Watts of Osler Hoskins costs $600 per hour!).


1 comments:

trying2makesense said...

While these power skirmishes take centre stage and occupy everyone's attention, several important questions remain unanswered - Why is the NHH Board holding steadfast to its position in the face of so much opposition to it? What information do they have that causes them to do so? What do they expect to achieve by this strategy? What outcome do they foresee? and perhaps most importantly, What will be the unintended consequences?

Being drawn into these power fights may well be the undoing of the momentum that had been reached in questioning the Board's decisions. Powerful egos can be detrimental to the cause.