Winding up on just and equitable grounds section 461(k)

  • Shareholder oppression in Groves v Tas Fumigation

    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…

  • Company wound up under s461K for failing to achieve its objectives?

    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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