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Can a unit trust be wound up by the oppression remedies
The Corporations Act 2001 (Cth) (Corps Act) grants the Courts the power to award remedies under section 233, specifically designed to address situations of oppression within corporate entities under section 232. These remedies, also known as the “Oppression Remedies”, aim to resolve situations where a company’s conduct unfairly prejudices its members or shareholders. While primarily…
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Cancellation of shares held to be oppressive
Shareholder oppression occurs when those who control a company use their power in a way that unfairly harms or takes advantage of other (usually minority) shareholders. The Federal Court case of Sharif v Vitruvian Investments PL (No 3) [2023] FCA 920 (Vitruvian Investments) involved a shareholder oppression dispute between Mr Walid Sharif (Mr Sharif/Plaintiff) and…
