Further clarity in the law of shareholder oppression

Shareholder oppression cases require a careful consideration of the circumstances in which the complaining shareholder has brought its claim. This is true in the context of closely-held, family-run businesses. The recent Victorian Supreme Court case of Peter Exton & Anor v Extons Pty Ltd & Ors illustrates such a scenario, and the Court’s decision is noteworthy for its exploration of a number of important factors in shareholder oppression cases.

Read More
Setting aside a statutory demand — with proper material

When applying to set aside a statutory demand, one of the ways to do so is to show the existence of a ‘genuine offsetting claim’. The recent Federal Court decision in Gucce Holdings Pty Ltd v Bank of Queensland Limited illustrates a set-aside application made on such grounds, and is worth noting for the interface it has with the law of evidence and parties’ procedural obligations.

Read More
What is a ‘retail tenancy dispute’? Navigating the statutory regime

Disputes regarding retail tenancies are typically the exclusive province of the Victorian Civil and Administrative Tribunal. Nonetheless, the Supreme Court of Victoria in the recent case of AMJE Pty Ltd v Mobil Oil Australia Pty Ltd held that the Court possesses jurisdiction in circumstances where, turning on a point of statutory interpretation, the plaintiff had made a claim that was not in fact a ‘retail tenancy dispute’ in the strict sense.

Read More
Contracts, specific performance and interlocutory injunctions

The Victorian Supreme Court has recently refused to grant an interlocutory injunction that would have had the effect of requiring specific performance of a contract. In addition to giving persuasive reasons for doing so, the decision in Hera Project Pty Ltd v Bisognin & Anor more broadly represents a useful illustration of the principles to be applied when considering an application for an injunction.

Read More
Applying to remove a caveat?

The recent Victorian Supreme Court decision in Yuksels Nominees Pty Ltd v Nguyen & Anor rovides some useful guidance about the removal of caveats under the Transfer of Land Act 1958. The case also considers the relevance of other court proceedings instigated by the caveator and whether an application to remove the caveat might in such a situation be 'vexatious'.

Read More