What Constitutes a Quorum

Master White of the Supreme Court of Western Australia, in 'Re Australia Minerals NL (1990) 8 ACLC 720, refused to allow a director, who was prohibited by the company's articles from voting on a matter in which he had an interest, to be counted towards a quorum. The Master also expressed the view that where the articles of a company do not prohibit a director from voting on a matter, in which he has an interest, that director, even where he abstains from voting, may still be considered as forming part of the quorum.