Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Valra Pty Ltd as Trustee for Abdul Rahim Valibhoy Family Trust v Mag Men Holdings Pty Ltd [2016] FCA 23 File number(s): WAD 369 of 2014
Judge(s): SIOPIS J
Date of judgment: 29 January 2016
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery – r 7.23 of the Federal Court Rules 2011 – majority of shareholders agreed to sell their shares – compulsory sale of an aggrieved shareholder's shares pursuant to the terms of a shareholders' agreement – aggrieved shareholder alleges it may have a claim for relief for breach of contract and under s 233 of the Corporations Act 2001 (Cth) – whether the aggrieved shareholder satisfied the requirements of r 7.23.
Legislation: Corporations Act 2001 (Cth) ss 50AA, 232, 233 Federal Court Rules 2011 rr 7.23, 7.23(1), 7.23(1)(a), 7.23(1)(b)
Cases cited: Reeve v Aqualast Pty Ltd [2012] FCA 679 St George Bank Ltd v Rabo Australia Ltd (2004) 211 ALR 147 Apache North-West Pty Ltd v Newcrest Mining Ltd (2009) 182 FCR 124 United Voice v Accolade Wines Australia Limited [2013] FCA 285
Date of hearing: 24 March 2015
Registry: Western Australia
Division: General
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 122
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