Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilmar Sugar Australia Limited v Queensland Sugar Limited, in the matter of Queensland Sugar Limited (No 2) [2016] FCA 180 File number(s): NSD 1556 of 2015
Judge(s): YATES J
Date of judgment: 3 March 2016
Catchwords: CORPORATIONS – members' rights and remedies – oppressive conduct of affairs – resolution of members oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member – form of final relief – whether the company's existing constitution should be modified PRACTICE AND PROCEDURE – interveners – application to intervene – whether the interests of the interveners would be directly affected by the relief proposed – whether contribution will be useful and different from the contribution of the parties to the proceeding – whether the intervention might unreasonably interfere with the ability of the parties to conduct the proceeding as the parties wish
Legislation: Corporations Act 2001 (Cth) ss 232, 233 Federal Court Rules 2011 r 9.12
Cases cited: National Electrical Contractors Association v Electrical and Electronic Group Training Ltd [1995] FCA 836 Roadshow Films Pty Ltd v iiNet Limited [No 1] (2011) 248 CLR 37; [2011] HCA 54 Wilmar Sugar Australia Limited v Queensland Sugar Limited, in the matter of Queensland Sugar Limited [2016] FCA 20
Date of hearing: 24 February 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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