NSW Caselaw
Reported Decision : 61 ACSR 144 (2007) 25 ACLC 302
New South Wales Supreme Court
CITATION : Backoffice Investments v Campbell [2007] NSWSC 161
HEARING DATE(S) : 27, 28, 29, 30 November 2006, 4, 5, 6, 7 December 2006 [written submissions 18 December 2006]
JUDGMENT DATE : 8 March 2007
JURISDICTION : Equity - Commercial List
JUDGMENT OF : Bergin J
DECISION : Plaintiff entitled to declaration of oppressive conduct and order for purchase of share at $853,000
CATCHWORDS : [CORPORATIONS] – Share Sale Agreement/Shareholders Agreement/Services Agreement - Whether vendor's conduct in excluding the purchaser of a 50% share in company from the management of the company amounted to oppression (s 232 Corporations Act 2001) - Whether an order for purchase of the share should be made when provisional liquidator appointed - Fixation of price at which share to be purchased (s 233 Corporations Act 2001) - [CONTRACT] - Whether vendor breached warranties in Share Sale Agreement - Whether appropirate to award damages for breach of warranties where order made for purchase of share - Whether vendor breached implied obligation to co-operate in causing company not to pay purchaser's entitlements under Services Agreement - Whether appropriate to award damages - [MISLEADING OR DECEPTIVE CONDUCT] - Whether vendor's conduct misleading or deceptive - Whether purchaser relied upon alleged representations - [PRACTICE AND PROCEDURE] - Practice Note governing commercial causes - Alleged deficiencies in plaintiffs' pleadings - Timing of complaints about pleadings - Ambit of "cards on the table" approach to litigation - Late application to amend pleadings
Corporations Act 2001 (Cth) LEGISLATION CITED : Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate