CORPORATIONS — Oppression — Application by Applicants for interlocutory relief that is tantamount to final relief — Where Court cannot be positively satisfied of standing of shareholders in company to bring claims — Where Court cannot be positively satisfied that First Respondent’s conduct is oppressive — Application refused.
PRACTICE AND PROCEDURE — Application by First Respondent for transfer of proceeding to Federal Circuit and Family Court (Division 1) – Where claims in the proceeding before the Federal Court of Australia arise in the context of a broader family dispute between the First Respondent and the Fourth Respondent – Application refused.
PRACTICE AND PROCEDURE — Application by Applicants to restrain First Respondent’s application in proceeding before the Federal Circuit and Family Court (Division 1) – Application refused.
Related shareholder oppression cases
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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/2023/2023fca0359
For more information, see the original judgement.
