Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frauenstein v Farinha [2007] FCA 1953
CORPORATIONS - business ventures – whether carried on by partnerships – where plaintiff made payments in connections with businesses – characterisation of payments – allotment of shares – whether accounts of businesses underestimate revenues earned and overstate expenses incurred – whether unfair or oppressive conduct occurred – whether majority shareholders should be required to buy shares in companies of minority shareholders.
Corporations Act 2001 (Cth), ss 232, 288, 344, 461 Partnership Act 1892 (NSW), s 1 CARL FRAUENSTEIN AND ORS v TOBIAS FARINHA AND ORS NSD2135 OF 2006
EMMETT J
10 DECEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD2135 OF 2006
BETWEEN: CARL FRAUENSTEIN
First Plaintiff
CARPE DIEM INITIATIVES PTY LIMITED
Second Plaintiff
CARL BONDI JUNCTION PTY LIMITED
Third Plaintiff
CARL WORLD SQUARE PTY LIMITED
Fourth Plaintiff
AND: TOBIAS FARINHA
First Defendant
MIGUEL FARINHA
Second Defendant
MARCO ZAGATO
Third Defendant
SAN MARCO BONDI JUNCTION PTY LIMITED
Fourth Defendant
SAN MARCO PICCOLO PTY LIMITED
Fifth Defendant
SAN MARCO WORLD SQUARE PTY LIMITED
Sixth Defendant
COCKLE BAY SAN MARCO PTY LIMITED
Seventh Defendant
EQUAL 54 PTY LIMITED
Eighth Defendant
JAMES PANAGOPOULOS
Ninth Defendant
TOBY BONDI JUNCTION PTY LIMITED
Tenth Defendant
MARCO BONDI JUNCTION PTY LIMITED
Eleventh Defendant
MIGUEL BONDI JUNCTION PTY LIMITED
Twelfth Defendant
CINE SAN MARCO PTY LIMITED
Thirteenth Defendant
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