Spence v Rigging Rentals WA Pty Ltd [2015] FCA 1158

FEDERAL COURT OF AUSTRALIA

Spence v Rigging Rentals WA Pty Ltd [2015] FCA 1158 Citation: Spence v Rigging Rentals WA Pty Ltd [2015] FCA 1158

Parties: ERIC MYLES JOHN SPENCE v RIGGING RENTALS WA PTY LTD (ACN 105 556 563), CLIFFORD MCGILLIVRAY and CRAIG SWEETAPPLE

File number: WAD 301 of 2014

Judge: GILMOUR J

Date of judgment: 29 October 2015

Catchwords: CORPORATIONS - oppressive conduct under s 232 of the Corporations Act 2001 (Cth) - proposed sale of the first defendant – condition in email sent to the plaintiff concerning the issue of additional shares to the second and third defendants and the proposed sale - claims against the plaintiff for misconduct in relation to the affairs of the first defendant - whether the condition amounts to oppressive conduct - second and third defendants achieving a personal benefit although claims against the plaintiff are claims of the first defendant. CORPORATIONS - cross-claim for breach of directors' duties under s 182 of the Corporations Act 2001 (Cth) and breach of fiduciary duties - disputed expenses charged to the cross-claimant's account - alleged excessive remuneration payments to the bookkeeper - receipt of director's fees from companies that allegedly placed the cross-respondent in a position of conflict - expenses and lost profits. EVIDENCE - admissibility of email under the Evidence Act 1995 (Cth) - whether s 131 of the Evidence Act applies - classification of the dispute that is the subject of the email communication.

Legislation: Corporations Act 2001 (Cth) ss 182(1), 232, 233, 234, 1317H Evidence Act 1995 (Cth) s 131 Long Service Leave Act 1958 (WA) s 8(3)