-
Shareholders’ right to inspect books under s 247A Corporations Act
A shareholder of a company can apply to the Court seeking an order that it be provided with access to the company’s books and records under certain circumstances, provided that the shareholder is acting in good faith and seeking inspection for a proper purpose.
-
Point in time valuation and minority shareholder oppression
Shareholder oppression, or minority shareholder oppression, is generally thought to occur when the majority shareholders misuse their power to oppress or control the minority.
-
Compensation for breaches of director’s duties
Should it be held that a director of a company has breached their statutory duties, as contained in the Corporations Act 2001 (Cth) (Act), then the question arises as to how a Court will determine the amount of compensation to be paid by the errant director. The remedies provided for in the Act include declaratory…
-
Provisional liquidators and shareholder disputes
The appointment of a provisional liquidator may be appropriate in shareholder disputes if there are genuine concerns that there is a risk a company’s assets will be dissipated, there are potential solvency concerns and all other alternatives have been exhausted. The appointment of a provisional liquidator by a Court has been said to be ‘a…
-
Asset preservation orders – is there a real risk of dissipation?
An asset preservation order is a class of freezing order made by a Court usually without notice to the respondent or defendant (Exparte) for the purpose of preventing the frustration or inhibition of the Courts processes. The need for an asset preservation order arises when there is danger that a judgment (or prospective judgement) made…
-
Director’s absolute right to access company’s financial records
Directors have a right to access financial records, but how far should they go? This article explores the balance between a director’s right to information and acting reasonably in circumstances.
-
Shareholder rights to obtain the register of members and section 168
Find out how a company’s obligation to disclose its register of members can affect shareholder rights and communication. Learn more by reading about the case of Hongkong Xinhe International Investment Company Limited v Bullseye Mining Limited [2020] WASC 276.
-
Can a party obtain oppression orders when a company is in liquidation?
Despite liquidation, minority shareholders may still have remedies if they were treated unfairly. Learn more in our article, “Shareholder Oppression and Liquidation: Are Remedies Still Available?”
-
Shareholder oppression remedies – to buy-back or wind up?
The New South Wales Court of Appeal considered a decision to order a compulsory buy-out for oppressed minority shareholders in Snell v Glatis (No 2) [2020] NSWCA 166. This article examines the Court’s reasoning and potential remedies for shareholder oppression, and how company history and structure can be relevant.
Shareholder oppression
Make an enquiry
