Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith Martis Cork & Rajan Pty Ltd v Benjamin Corporation Pty Ltd [2004] FCAFC 153 CORPORATIONS – oppression – quasi partnership – determination of fair value of shares Corporations Act 2001 (Cth) ss 232, 233 & 234 Barrett v Ecco Personnel Pty Ltd [1998] NSWSC 545 referred to Coombs v Dynasty Pty Ltd (1994) 14 ACSR 60 referred to Dynasty Pty Ltd v Coombs (1995) 59 FCR 122 referred to E S Gordon Pty Ltd v Idameneo (No 123) Pty Ltd (1994) 15 ACSR 536 referred to Ebrahimi v Westbourne Galleries Ltd [1973] AC 360 referred to Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (2001) 37 ACSR 672 referred to House v King (1936) 55 CLR 499 referred to McCathie v Federal Commissioner of Taxation (1944) 69 CLR 1 referred to Mordecai v Mordecai (1988) 12 NSWLR 58 referred to R & H Electric Ltd v Haden Bill Electrical Ltd [1995] 2 BCLC 280 referred to Re Bird Precision Bellows Ltd [1984] Ch 419 referred to Re Bird Precision Bellows Ltd [1986] 1 Ch 658 referred to Scottish Co-operative Wholesale Ltd v Meyer [1959] AC 324 referred to Shirim Pty Ltd v Fesena Pty Ltd [2002] NSWSC 10 referred to Spencer v The Commonwealth (1907) 5 CLR 418 referred to United Rural Enterprises Pty Ltd v Lopmand Pty Ltd (2003) 47 ACSR 514 referred to Wayde v NSW Rugby League Ltd (1985) 180 CLR 459 referred to
HAJ Ford et al, Ford's Principles of Corporations Law, looseleaf edn, Butterworths Australia, 2000
SMITH MARTIS CORK AND RAJAN PTY LTD, JACK BRADLEY MANDERS
AS TRUSTEE FOR THE SMITH FAMILY TRUST AND PARVATHI BAI RAJAN AS TRUSTEE FOR THE RAJAN FAMILY TRUST v BENJAMIN CORPORATION PTY LTD AS TRUSTEE FOR THE BENJAMIN TRUST W22 of 2004 WILCOX, MARSHALL & JACOBSON JJ 10 JUNE 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W22 of 2004
ON APPEAL FROM A SINGLE JUDGE OF THE COURT
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