NSW Caselaw
Reported Decision : [2000] 35 ACSR 305
New South Wales Supreme Court
CITATION : Belgiorno-Zegna v. Exben Pty. Limited & Ors. [2000] NSWSC 884 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1777/00 HEARING DATE(S) : 14, 15, 16, 17, 21, 22, 23 August 2000 JUDGMENT DATE : 6 September 2000
Marco Belgiorno-Zegna - plaintiff Exben Pty. Limited - first defendant PARTIES : Franco Belgiorno-Nettis - second defendant Amina Belgiorno-Nettis - third defendant Luca Belgiorno-Nettis - fourth defendant Guido Belgiorno-Nettis - fifth defendant JUDGMENT OF : Hodgson CJinEq at 1
COUNSEL : Mr. N. Magee QC with Mr. R. Darke and Mr. N. Kidd for plaintiff Mr. B. Oslington QC with Mr. D. Hammerschlag for defendants SOLICITORS : Allen Allen & Hemsley, Sydney for plaintiff Mallesons Stephen Jaques for defendants CATCHWORDS : CORPORATIONS- Oppression - Winding up - Just and equitable ground - Shares in family company given by father and mother to three sons - Transfer restricted by agreement between shareholders - Agreement as to governance of wholly owned subsidiary - Eldest son unable to exit on terms satisfactory to him - Youngest son appointed managing director over opposition of eldest son - Whether breach of governance agreement - Whether oppression shown. LEGISLATION CITED : Corporations Law ss.232, 461, 467 DECISION : See pars.159-162 of judgment
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
CORAM: HODGSON, CJ in Eq.
Wednesday 6th September 2000
NO. 1777 OF 2000 BELGIORNO-ZEGNA V. EXBEN PTY. LTD. & ORS.
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