Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Harding Investments Pty Ltd v PMP Shareholdings Pty Ltd (No 2) [2011] FCA 567 Citation: Harding Investments Pty Ltd v PMP Shareholdings Pty Ltd (No 2) [2011] FCA 567
Parties: HARDING INVESTMENTS PTY LTD (ACN 118 130 402) AS TRUSTEE OF THE S & J HARDING FAMILY TRUST and STEVEN JOHN HARDING v PMP SHAREHOLDINGS PTY LTD (ACN 118 155 856) AS TRUSTEE OF THE PMP FAMILY TRUST, DONALD STEWART GORDON, JASHTRA HOLDINGS PTY LTD (ACN 118 130 233) AS TRUSTEE OF THE P & C DICK FAMILY TRUST, PAUL ROBERT DICK and LOTIC PTY LTD (ACN 116 609 851)
File number: VID 773 of 2010
Judge: GORDON J
Date of judgment: 27 May 2011
Corrigendum: 22 July 2011
Catchwords: CORPORATIONS – oppression – relevant principles – termination of employment and directorship of principal and representative of shareholder of the company – exclusion of director from management of company – commercial justification for conduct – whether reasonable directors would consider the conduct to be fair – whether oppression subsists when company is subject to a deed of company arrangement – Corporations Act, ss 53, 232, 233 RELIEF – declaration of contravention of Business Succession Agreement and Corporations Act – order that the first and third respondents purchase the first applicant's shares in the company – appointment of independent valuer
Legislation: Corporations Act 2001 (Cth)
Cases cited: Bessounian v Australian Wholesale Mortgages Pty Ltd [2007] NSWSC 35 Campbell v Backoffice (2009) 238 CLR 304 Dynasty Pty Ltd v Coombs (1995) 59 FCR 122 John J Starr (Real Estate) Pty Ltd v Robert R Andrew (A'Asia) Pty Ltd (1991) 6 ACSR 63 Morgan v 45 Flers Avenue Pty Ltd (1986) 10 ACLR 692 Wayde v New South Wales Rugby League Ltd (1985) 59 ALJR 798
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