Question
Harry is a member of EagleFly Aviation Ltd, a public company listed on the ASX. The constitution of EagleFly Aviation states that, in the notice
Harry is a member of EagleFly Aviation Ltd, a public company listed on the ASX. The constitution of EagleFly Aviation states that, in the notice of a meeting, each ordinary shareholder shall be given a copy of all proposed ordinary and special resolutions at an upcoming members meeting. The company has suffered a serious downturn and is performing very poorly as a result of changes to global flying habits in recent times. Harry and many other shareholders are very unhappy with the management of EagleFly Aviation because of the companys poor performance and feel that they should have made operational adjustments early enough to cater for these hard times. The share price has also fallen drastically. Harry now decides to actively campaign against the current board of directors by contacting all of the companys members and asking them to direct their proxies to him at the next AGM so that he can vote out the current chairman of the board who appointed the companys senior management team. Harry hopes that this would send a strong message to the rest of the board and the entire senior management team that performance needs to be significantly improved.
REQUIRED:
With reference to relevant legal principles and relevant legislation, use the IRAC legal problem- solving approach to explain whether and how Harry can contact all of the members of EagleFly Aviation Ltd. Explain also whether EagleFly Aviation Ltd can prevent Harry from contacting all of the companys members.
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