Federal Court of Australia
JUDGMENT No. socdecscteal stction CATCHWORDS
CORPORATIONS - oppression action by shareholder - just and equitable ground - effect of breaches of Corporations Law and the Articles - fairness in all the circumstances of a family company set up upon family planning advice - grazing family in which father assisted sons in acquiring properties - whether applicant relevantly "locked in" ~ whether entitled to insist on dividends being declared - collateral benefits - claim against deceased person - method of valuation of shares where rights were limited by special provisions in Articles.
Corporations Law, ss. 260 and 461
Plunkett v. Bull (1915) 19 CLR 544
Thomas v. H.W. Thomas Ltd (1984) 2 ACLC 610
Re G. Jeffery (Mens Store) Pty Ltd (1984) 2 ACLC 421
Buche v. Box Pty Ltd (1993) 31 NSWLR 368
Re Bagot Well Pastoral Company Pty Ltd (1993) 11 ACLC 1
Re Bagot Well Pastoral Company Pty Ltd (1993) 61 SASR 165 Wayde v. New South Wales Rugby League Ltd (1985) 61 ALR 225 Gregory v. Commissioner of Taxation of the Commonwealth of Australia (1971) 123 CLR 547
RE: LOWES PARK PTY LTD; CHARLES BARRY HEADLAM AS TRUSTEE OF THE C.B. AND M.J. HEADLAM TRUST v. LOWES PARK PTY LTD & ANOR TG 3001 of 1993
Burchett J. Sydney (heard in Hobart) 30 September 1994
IN THE FEDERAL COURT OF AUSTRALIA )
TASMANIA DISTRICT REGISTRY TG 3001 of 1993 )
GENERAL DIVISION )
RE: LOWES PARK PTY LTD BETWEEN: CHARLES. BARRY HEADLAM AS TRUSTEE OF THE C.B. AND M.J. HEADLAM TRUST Applicant
AND: LOWES PARK PTY LTD First Respondent
AND: JAN EDWARD HEADLAM Second Respondent
AND: IAN EDWARD HEADLAM
Cross-Claimant
AND: CHARLES BARRY HEADLAM
Cross—Respondent
CORAM: Burchett J. PLACE: Sydney (heard in Hobart) DATE : 30 September 1994
ORDERS OF THE COURT
THE COURT ORDERS THAT the respondents, within fourteen days,
bring in short minutes of orders, and the applicant file and serve within a further fourteen days a document setting out any
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