Mark Reckless had a gold exploration business. Last year Mark made a large discovery of gold in the Pilbara region. Marks friends Chen and Lisa agreed to join Mark in funding the extraction of this new gold finding and they decided to register a company, Gold NL. The company issued $500,000 $1 shares to Mark in return for the transfer of his gold exploration business into the company. The company also issued $300,000 $1 shares to Chen and $200,000 $1 shares to Lisa, requiring 50% of the share price payable when the company was registered and the balance to be paid when the company makes a call. Mark, Chen and Lisa became the directors of Gold NL and Mark was also appointed as the managing director to run the day to day operations of the company. Chen and Lisa have been confident that they will be able to pay the balance of the share capital in a couple of year's time from the payment they expect to receive as director's remuneration.

Gold NL has a constitution that does not repeal any of the replaceable rules of the Corporations Act 2001 (Cth) but does provide for two additional matters:

1.The company's activities are restricted to the exploration and extraction of gold.

2.Mark will remain the managing director of Gold NL for a period of 10 years.

The extraction of gold has become very costly and Mark has indicated to Chen and Lisa that the company should make a call on the balance of their share capital. Chen and Lisa are concerned as they do not have the required funds as the Gold operation has not commenced and they have not received any directors' remuneration. In order to improve the company's cash flow position, Mark decides that the company should operate a holiday resort near its gold mines in outback Australia and to that end the company has entered into a contract with Caravan Pty Ltd for the purchase of five mobile homes for $100,000 in order to provide accommodation for guests staying at the holiday resort. The other directors do not like the idea of operating a holiday resort and they refuse to accept delivery of the mobile homes on the grounds that the company has no legal capacity to operate a holiday resort and that Caravan Pty Ltd would have known this limitation from its name.

Question

Chen and Lisa are concerned about Mark's ability to act as the Managing Director of the Gold NL and wish to revoke his appointment before the ten year period has expired. Taking into consideration sections 201J and 203F the Corporations Act 2001 (Cth) advise Mark whether he can succeed in enforcing Gold NL's constitution.