just and equitable

Just and equitable grounds – but what about that helicopter?

In Warner v Global Pacific Aerospace Pty Limited [2012] VSC 291 the Victorian Supreme Court held that it would be just and equitable to wind up the company following a breakdown in the relationship between the two (2) directors who were equal shareholders.  This article considers this case and the conduct was that was held to be oppressive. [Read more…]

Just and equitable winding up for shareholder oppression

In matters involving the oppression of minority shareholders by the majority the usual legal remedy is to pursue relief for oppression as contained in sections 232 and 233 of the Corporations Act 2001 (Cth)(Act). However section 233(2) of the act also allows for an aggrieved party to seek an order winding up the company on just and equitable ground as if the order were made under section 461.  Section 233(2) represents the intersection of the just and equitable winding up and shareholder oppression. [Read more…]

Send this to a friend