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NSW Constitution - Public Company Limited By Guarantee - What Does It Mean?

Discussion in 'Commercial Law Forum' started by sedge, 11 June 2015.

  1. sedge

    sedge Active Member

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    Last one for the RSL thing. The front of constitution booklet says, " corporations act 2001, a public company limited by guarantee and not having a share capital," does this mean it is a public place?
     
  2. Ivy

    Ivy Well-Known Member

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    No, the use of the word "public" refers to the legal classification of the company and has nothing to do with being a space for public use. In this case, the company is limited by guarantee so that means it doesn't have shareholders. It is still a private premises and they can allow you on the premises or ask you to leave as they see fit (so long as they don't breach some other law).
     
  3. sedge

    sedge Active Member

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    thanks - what about a shopping centre with shops both left and right no roof over the part inbetween is this space public
     
  4. Rod

    Rod Well-Known Member

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    'Public space' is normally defined as land belonging to the government (Federal/state/local) and able to be used by the public.

    'Open to the public' means the public can enter onto private land without fear of trespassing.

    I suspect the land you are referring to is 'open to the public'. Most shopping centres are on private land.

    The old style strip centres with a road through the middle generally have public footpaths and public roads.
     
  5. sedge

    sedge Active Member

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    all good ta
     

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