Vanis Capital Investments Pty Ltd (as trustee of the Vanis Capital Investment Trust) v Morris [2023] FCA 359

Federal Court of Australia

Vanis Capital Investments Pty Ltd (as trustee of the Vanis Capital Investment Trust) v Morris [2023] FCA 359 File number: VID 233 of 2023

Judgment of: ANDERSON J

Date of judgment: 20 April 2023

Catchwords: CORPORATIONS — Oppression — Application by Applicants for interlocutory relief that is tantamount to final relief — Where Court cannot be positively satisfied of standing of shareholders in company to bring claims — Where Court cannot be positively satisfied that First Respondent's conduct is oppressive — Application refused. PRACTICE AND PROCEDURE — Application by First Respondent for transfer of proceeding to Federal Circuit and Family Court (Division 1) – Where claims in the proceeding before the Federal Court of Australia arise in the context of a broader family dispute between the First Respondent and the Fourth Respondent – Application refused. PRACTICE AND PROCEDURE — Application by Applicants to restrain First Respondent's application in proceeding before the Federal Circuit and Family Court (Division 1) – Application refused.

Legislation: Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross-Vesting Act) 1987 (Cth)

Cases cited: Hylepin Pty Ltd v Doshay Pty Ltd [2021] FCAFC 201 Martin & Pleasance Pty Ltd v A Nelson & Co Ltd [2021] FCAFC 80 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238; FCAFC 156 Sandy v Yindjibarndi Aboriginal Corp RNTBC (No 4) (2018) 126 ACSR 370 Ubertini v Saeco International Group Spa (No 4) (2014) 98 ACSR 138 Valceski v Valceski (2007) 70 NSWLR 36 Yara Pilbara Fertilisers Pty Ltd v Oswal (No 8) [2015] FCA 49