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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First Class Securities Limited v Global Future Holdings Pty Ltd [2026] FCA 1
PRACTICE AND PROCEDURE – urgent ex parte application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – consideration of suspicious, irregular and unusual explanations for the non-repayment of an acknowledged debt of USD $7.5 million – orders made
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Butler v Total Tools Holdings Pty Ltd [2025] FCA 1225
CORPORATIONS – shareholders’ resolution authorising board of company to issue an equity-based instrument to non-executive directors upon successful financial close of an initial public offering or trade sale – where plaintiff resigned as non-executive director following failure to complete trade sale originally contemplated – where separate trade sale subsequently completed – where company refused to…
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3D Access Pty Ltd v Buzasi [2025] FCA 1105
PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief and freezing orders – where first respondent a former employee, director and shareholder of first applicant – where employment contract contained restraint clause prohibiting post-employment solicitation of or interference with clients – where first respondent’s notice of departure as a shareholder given under exit agreement…
