Ian Robinson v Bruce Robinson [2015] NSWSC 1503

Supreme Court New South Wales

Medium Neutral Citation: Ian Robinson v Bruce Robinson [2015] NSWSC 1503 Hearing dates: 26 August 2015 Date of orders: 14 October 2015 Decision date: 14 October 2015 Jurisdiction: Equity - Commercial List Before: Darke J Decision: Separate question as to existence of an accord and satisfaction answered in the negative. Catchwords: CONTRACTS – accord and satisfaction – oppression suit – claims and counter-claims of oppressive conduct – consensus that a purchase of plaintiff's shares would be appropriate remedy – parties agree that plaintiff's shares should be valued – whether agreement reached whereby parties agreed to surrender their claims in return for mutual promises to buy and sell plaintiff's shares for a fair value. Legislation Cited: Corporations Act 2001 (Cth), ss 232, 233 Cases Cited: Ashton v Pratt [2015] NSWCA 12 Ballantyne v Phillott (1961) 105 CLR 379 Brambles Holdings Limited v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Branir Pty Limited v Owston Nominees (No 2) Pty Limited (2001) 117 FCA 424; [2001] FCA 1833 E S Gordon Pty Limited v Idameneo (No 123) Pty Limited (1994) 15 ACSR 536 Ermogenous v Greek Orthodox Community of SA Inc (2002) 2009 CLR 95; [2002] HCA 8 McDermott v Black (1940) 63 CLR 161 Pacific Carriers Limited v BNP Paribas (2004) 218 CLR 451; [2004] HCA 35 Rankine v Rankine (1995) 15 ACSR 725 Category: Principal judgment Parties: Ian Robinson (Plaintiff) Bruce Robinson (First Defendant) Patricia Hughes (Second Defendant) Radcoflex Australia Pty Limited (Third Defendant) Radcoflex Investments Pty Limited (Fourth Defendant) Radco Industries Pty Limited (Fifth Defendant) Whitburn's Pty Limited (Sixth Defendant) Representation: Counsel: Mr A Harding, Ms A Sathanapally (Plaintiff) Mr S Docker (First, Second, Fifth and Sixth Defendants)