Federal Court of Australia
Federal Court of Australia QGC Pty Ltd v Alberts (No 3) [2022] FCA 141 File number(s): QUD 334 of 2018
Judgment of: RARES J
Date of judgment: 3 February 2022
Catchwords: MEETINGS – equity – fraud on a power – voting and conduct of meetings – oppression – where court ordered meeting of family group to agree on nominated entity to receive money on trust for distribution to family members – where person entitled to be present and vote at meeting was excluded from attending remotely without vote of meeting – where majority used voting power to exclude minority from involvement in establishing company and being directors – where constitution of company drafted by majority to exclude others so as to confer benefits on limited group inconsistent with purpose of meeting – whether use of voting power not bona fide or for dominant purpose foreign to the grant
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Evidence Act 1995 (Cth) s 136 Native Title Act 1993 (Cth) ss 199B, 203BF, 203BK
Cases cited: Gambotto v WCP Ltd (1995) 182 CLR 432 Ngurli Limited v McCann (1953) 90 CLR 425 QGC Pty Limited v Alberts (No 2) [2021] FCA 540 Wayde v New South Wales Rugby League Ltd (1985) 180 CLR 459
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 47
Date of hearing: 3 February 2022
Solicitor for Katrina Watson: Mr T G Hauff
Counsel for Edna Malone: Mr M McKechnie
Solicitor for Edna Malone: Marrawah Law
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