Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilmar Sugar Australia Limited v Mackay Sugar Limited [2017] FCAFC 40 Appeal from: Mackay Sugar Limited v Wilmar Sugar Limited (No 2) [2016] FCA 1179
File number: QUD 801 of 2016
Judges: DOWSETT, JAGOT AND WHITE JJ
Date of judgment: 2 March 2017
Catchwords: CORPORATIONS – oppression – Queensland sugar industry – whether primary judge erred in determining that amendments to Constitution were not oppressive to, unfairly prejudicial to or unfairly discriminatory against a member
Legislation: Corporations Act 2001 (Cth) ss 232 – 233 Foreign Acquisitions and Takeovers Act 1975 (Cth) Sugar Industry (Real Choice in Marketing) Amendment Act 2015 (Qld)
Cases cited: Catalano v Managing Australia Destinations Pty Ltd [2014] FCAFC 55; (2014) 314 ALR 62 Dare v Pulham (1982) 148 CLR 658 Ghosh v NineMSN Pty Ltd [2015] NSWCA 334; (2015) 90 NSWLR 595 House v The King (1936) 55 CLR 499 Mackay Sugar Limited v Wilmar Sugar Australia Limited [2016] FCAFC 133 Mackay Sugar Limited v Wilmar Sugar Australia Ltd (No 2) [2016] FCA 1179 Wilmar Sugar Australia Limited v Queensland Sugar Limited, in the matter of Queensland Sugar Limited [2016] FCA 20; (2016) 335 ALR 72
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