Exclusion from management

  • Can a unit trust be wound up by the oppression remedies

    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…

  • Shareholder oppression – the importance of evidence

    Shareholder oppression – the importance of evidence

    The recent Federal Court case of Sharif v Vitruvian Investments PL (No 3) [2023] FCA 920 (Vitruvian Investments) involved allegations of shareholder oppression by Mr Walid Sharif (Mr Sharif/Plaintiff) against Mr Jonathan Gregory (Mr Gregory/Second Defendant), the sole director of Vitruvian Investments Pty Ltd ACN 630 548 846 (Vitruvian/First Defendant). 

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