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Shareholder oppression in Groves v Tas Fumigation
On 1 September 2025, the Federal Court of Australia published its decision in the case of Daniel Groves v Tas Fumigation and Pest Services Pty Ltd & Anor [2025] FCA 1089 (Groves v Tas Fumigation). Groves v Tas Fumigation involved allegations of oppressive company conduct and considered the consequences of ongoing failures of defendants to…
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Company wound up under s461K for failing to achieve its objectives?
The NSW Supreme Court case of Gearhouse provides insight into the Court’s power to wind up a company under the Corporations Act 2001 (Cth). A combination of circumstances, including deadlock between shareholders, loss of confidence in management and an expired agreement, can lead to winding up.
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Just and equitable winding up – shareholder oppression
Discontinuing proceedings in the Federal Court of Australia can be costly, as the default position is that the discontinuing party pays the other party’s costs. However, the Court has discretion to award costs and may consider the parties’ conduct and reasons for discontinuance.
Just and equitable winding up
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