Oppression Actions: Sections 232 and 233 of the Corporations Act (Cth)



Download 3,6 Kb.
Date conversion13.12.2016
Size3,6 Kb.

Oppression Actions: Sections 232 and 233 of the Corporations Act (Cth)

  • Geoff Clift

General Principles

Board Decisions

Quasi- Partnership Cases

    • 3 Elements Identified in Ebrahimi v Westbourne Galleries Ltd
    • Implication of a Right to Participate in Management
    • Unjust, inequitable and Unfair for the Use of Majority Voting Power to Remove the Minority from Management
    • Circumstances in Which a Right to Participate in Management May be Lost
    • Relief May Only be Granted Where Participation in Management Affords a “Return for Investment”

Management Fees and Payment of Dividends

Share Issues

Litigation Costs

    • When Payment by the Company of Legal Costs Incurred by the Majority in Defending Proceedings May Constitute Oppression
    • Considerations which Militate Against a Finding of Oppression

Denial of Access to Information

Remedies

    • Plenary Power under Section 233
    • General Principles Governing the Exercise of Discretion
    • Winding Up as a Last Resort
    • The Ordinary Order
    • Valuation of Shares
    • Extraordinary Orders

Related Remedies

  • Conclusion and Questions

Claims against Creditors and Directors by a Company in Liquidation

  • Law Society of the Northern Territory
  • Guy Newton


The database is protected by copyright ©sckool.org 2016
send message

    Main page