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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Noah’s Ark Veterinary Services Pty Ltd v Hudson [2023] FCA 1094
CORPORATIONS – application for leave to bring derivative suit on behalf of company – where concurrent family law proceedings before Federal Circuit and Family Court of Australia (Division 2) – whether criteria for leave under s 237 of the Corporations Act 2001 (Cth) satisfied – whether applicant acting in good faith – whether grant of…
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Australian Securities and Investments Commission v Wilson (No 3) [2023] FCA 1009
CORPORATIONS – directors’ duties – duty of care and diligence – s 180(1) of the Corporations Act 2001 (Cth) – alleged failure by managing director to tell board of termination of material agreements – consideration of hypothetical reasonable director – finding that managing director knew of possibility of termination – finding that hypothetical reasonable director…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0359
For more information, see the original judgement.
