Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hillam v Ample Source International Limited (No 2) [2012] FCAFC 73 Citation: Hillam v Ample Source International Limited (No 2) [2012] FCAFC 73
Appeal from: Ample Source International Limited v Bonython Metals Group Pty Limited; In the Matter of Bonython Metals Group Pty Limited (No 6) [2011] FCA 1484 Ample Source International Limited v Bonython Metals Group Pty Limited; In the Matter of Bonython Metals Group Pty Limited (No 7) [2012] FCA 137
Parties: JOHN HILLAM and SAROBOL TEERANUKUL v AMPLE SOURCE INTERNATIONAL LIMITED and BONYTHON METALS GROUP PTY LIMITED
File number: NSD 379 of 2012
Judges: EMMETT, JACOBSON AND BUCHANAN JJ
Date of judgment: 18 May 2012
Catchwords: CORPORATIONS – oppression – no presumption against winding up a solvent company – conduct of affairs commercially unfair to minority interests – winding up order appropriate exercise of trial judge's discretion
Legislation: Corporations Act 2001 (Cth) ss 232, 233
Cases cited: Australasian Memory Pty Limited v Brien (2000) 200 CLR 270 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Commonwealth of Australia v SCI Operations Pty Limited (1998) 192 CLR 285 Cumberland Holdings Limited v Washington H Soul Pattinson & Co Ltd (1977) 13 ALR 561 John J Starr (Real Estate) Pty Ltd v Robert R Andrew (A'asia) Pty Ltd (1991) 6 ACSR 63 Joint v Stephens [2008] VSCA 210 Owners of the Ship, "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404
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