Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilmar Sugar Australia Limited v Queensland Sugar Limited, in the matter of Queensland Sugar Limited [2016] FCA 20 File number: NSD 1556 of 2015
Judge: YATES J
Date of judgment: 1 February 2016
Catchwords: CORPORATIONS – Queensland sugar industry – defendant engaged in the marketing of raw sugar for export – amendment of Constitution to vary members' rights – where plaintiff has terminated its supply agreement with the defendant – whether resolution of members amending Constitution or, alternatively, whether conduct of the defendant's affairs, is oppressive to, unfairly prejudicial to or unfairly discriminatory against the plaintiff as a member whose right under the Constitution to participate in the appointment of Mill Owner Directors has been extinguished
Legislation: Corporations Act 2001 (Cth) ss 232, 233 Foreign Acquisitions and Takeovers Act 1975 (Cth) s 25 Sugar Industry Act 1999 (Qld) Sugar Industry (Real Choice in Marketing) Amendment Bill 2015 (Qld)
Cases cited: Adrenaline Pty Ltd v Bathurst Regional Council (2015) 322 ALR 180; [2015] NSWCA 123 Australian Fixed Trusts Pty Ltd v Clyde Industries Ltd [1959] SR(NSW) 33 Bundaberg Sugar Limited v Isis Central Sugar Mill Company Limited [2007] 2 Qd R 214; [2006] QSC 358 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304; [2009] HCA 25 Catalano v Managing Australia Destinations Pty Ltd (2014) 314 ALR 62; [2014] FCAFC 55 Chase Corporation (Australia) Pty Ltd v North Sydney Brick and Tile Co Ltd (1994) 35 NSWLR 1 Joint v Stephens [2008] VSCA 210 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1; [2006] FCAFC 144 Morgan v 45 Flers Avenue Pty Ltd (1986) 10 ACLR 692 Newcrest Mining (WA) Limited v The Commonwealth of Australia (1997) 190 CLR 513 Phoenix Office Supplies Limited v Larvin [2002] EWCA Civ 1740 Shears v Phosphate Co-operative Co of Aust Ltd (1988) 14 ACLR 747 Sidebottom v Kershaw, Leese & Company, Limited [1920] 1 Ch 154 Sutherland v National Roads and Motorists' Association Ltd (2003) 47 ACSR 428; [2003] NSWSC 829 Wayde v New South Wales Rugby League Limited (1985) 180 CLR 459
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