CORPORATIONS – application for winding up order on just and equitable grounds pursuant to s 461(1)(k) of the Corporations Act 2001(Cth) – where there is a lack of confidence in the conduct and management of the company’s affairs – winding up ordered.
Related cases – shareholder oppression
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ASIC v Falcon Capital Ltd [2025] FCA 359
CORPORATIONS – winding up – application by ASIC for the winding up of a company on the just and equitable ground, together with a direction that the liquidator wind up a registered managed investment scheme and underlying unregistered funds – where the company accepted that the company and the funds should be wound down –…
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London City Equities Ltd v Excelsior Capital Ltd [2025] FCA 285
PRACTICE AND PROCEDURE – application for winding up of the defendant on just and equitable grounds or on grounds of shareholder oppression – where plaintiff seeks leave to amend pleadings expanding the scope of factual matters in dispute – where proposed amendments include the joinder of additional parties and seek a variety of relief going…
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One Tree Agriculture Pty Ltd v Lye [2025] FCA 126
CORPORATIONS – directors – appointment and resignation – application to fix date of resignation – delay in filing notice of resignation – whether applicant established date on which they stopped being a director – whether just and equitable to fix date of resignation after ASIC register had been relied on by third party –…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1215
For more information, see the original judgement.
