| Play Australia Pty Ltd v Papadimitriou (VSC) - trade practices - investment in development project - no misleading or deceptive conduct - claim dismissed |
| Murabito v Conspect Construction Pty Ltd (WASC) - oppression - oppressive conduct by company against minority shareholder - order for purchase of shares |
| Summaries With Link (Five Minute Read) |
Play Australia Pty Ltd v Papadimitriou [2014] VSC 608
Supreme Court of Victoria
Daly AsJ
Trade practices - plaintiff claimed damages against first and second defendants arising out of investment it made in third defendant - plaintiff claimed first and second defendants engaged in misleading or deceptive conduct by making representations to its sole director to induce him to make investment of money in third defendant which in turn would invest in multiunit apartment development - development project never proceeded - third defendant went into liquidation - plaintiff lost its investment - s159 Fair Trading Act 1999 (Vic) - Pt IV Wrongs Act 1958 (Vic) - capabilities and financial standing of defendants - held: plaintiff failed to establish defendants liable for misleading or deceptive conduct - proceeding dismissed.
Play Australia Pty Ltd |
Murabito v Conspect Construction Pty Ltd [2014] WASC 474
Supreme Court of Western Australia
Master Sanderson
Oppression - plaintiff was minority shareholder in first defendant - plaintiff sought order under s232(e) Corporations Act 2001 (Cth) first defendant’s affairs were being conducted in an oppressive fashion - plaintiff sought order under s233(e) that company purchase his shares - held: plaintiff had been victim of oppressive conduct - plaintiff’s forced removal as a director of company and failure of directors to provide plaintiff with relevant financial information as to company's affairs was conduct which was unfair - orders made for purchase of plaintiff’s shares.
Murabito |
