Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tygar Enterprise Pty Ltd, in the matter of Tidal Con Pty Ltd [2024] FCA 574 File number(s): VID 111 of 2024
Judgment of: NESKOVCIN J
Date of judgment: 28 May 2024
Date of publication of reasons: 4 June 2024
Catchwords: CORPORATIONS – interlocutory application – oppressive conduct – seeking removal of director until final hearing – whether the company can function properly – state of deadlock – breakdown of relationship – prima facie case – balance of convenience – real and substantial prospect claim will succeed – entitlement to relief – adequacy of damages – risk of injustice
Legislation: Corporations Act 2001 (Cth) s 233 Federal Court Rules 2011 (Cth) r 17.01(3)
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; 161 CLR 148 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Blue Star Pacific [2009] FCA 726; 184 IR 333 Khamo v XL Cleaning Services Pty Ltd [2004] NSWSC 1134; 51 ACSR 397 Liberty Financial Pty Ltd v Jugovic [2021] FCA 607 Re Wyndham Park Estate Pty Ltd [2019] VSC 92 Samsung Electronics Co. Ltd v Apple Inc. [2011] FCAFC 156; 217 FCR 238 StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCAFC 200
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