Winspear v Mackinnon [2007] FCA 2077

FEDERAL COURT OF AUSTRALIA

Winspear v Mackinnon [2007] FCA 2077

CORPORATIONS – member's remedies – correction of company register – oppressive conduct of affairs – whether plaintiff entitled to be registered as member of company – whether plaintiff a member of company for purposes of oppression suit – nunc pro tunc order – plaintiff claim to shares in company pursuant to agreements – whether plaintiff engaged in disentitling conduct or agreed to relinquish interest in shares Held: plaintiff entitled to be registered

Corporations Act 2001 (Cth) ss 175(1), 175(3), 232, 233, 234 Grant v John Grant (1950) 82 CLR 1 referred to In re Sussex Brick Company [1904] 1 Ch 598 referred to Masters v Cameron (1954) 91 CLR 353 referred to Morgan v 45 Flers Avenue Pty Ltd (1986) 5 ACLC 222 referred to Wayde v NSW Rugby League Ltd (1985) 180 CLR 459referred to ROSALIND WINSPEAR v NEIL GIBLIN MACKINNON, DEIDRE MACKINNON, ROCKLANDS PTY LTD (ACN 009 501 919) AND DALNESS PTY LTD (ACN 009 484 020) TAD 40 OF 2005

MARSHALL J

24 DECEMBER 2007

melbourne (heard IN HOBART, LAUNCESTON AND MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 40 OF 2005

BETWEEN: ROSALIND WINSPEAR

Plaintiff

AND: NEIL GIBLIN MACKINNON

First Defendant

DEIDRE MACKINNON

Second Defendant

ROCKLANDS PTY LTD (ACN 009 501 919)

Third Defendant

DALNESS PTY LTD (ACN 009 484 020)

Fourth Defendant

JUDGE: MARSHALL J DATE OF ORDER: 24 DECEMBER 2007

WHERE MADE: melbourne (heard IN HOBART, LAUNCESTON AND MELBOURNE)

THE COURT ORDERS THAT:

1. On or before 21 January 2008, the parties file and serve short minutes of orders which they contend should be made to give effect to the accompanying reasons for judgment. 2. The proceeding is otherwise adjourned to a telephone directions hearing at 9.30 am on Friday 1 February 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.