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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Vitnell v Vellenga, in the matter of Australian Carers PL [2024] FCA 1492
PRACTICE AND PROCEDURE – application for interlocutory injunction – plaintiff and first defendant co-directors of three companies – plaintiff alleging breach of directors’ duties and oppression contrary to the Corporations Act 2001 (Cth) – contravening conduct said to include the unilateral change to signatory authorisation on the companies’ bank accounts and denial of access to…
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CIP Group PL v So (No 6) [2024] FCA 1436
EVIDENCE – legal professional privilege – application of s 198F(1) Corporations Act 2001 (Cth) where company documents claimed by former director – entitlement to claim privilege on behalf of company in liquidation – leave previously granted under s 236 Corporations Act for proceedings to be commenced. Related cases Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1436For more information,…
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ASIC v United Global Capital Pty Ltd [2024] FCA 1215
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 Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1215For more information,…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0359
For more information, see the original judgement.
