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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia. |
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Construction
Monday, 22 September 2014 |
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| Executive Summary (One Minute Read) |
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| Mazzoni Plant Hire Pty Ltd v HBU Holdings Pty Ltd (QSC) - shareholder sought to have company wound up - unsuccessful due to shareholders' agreement requiring it to buy other shareholder's shares |
| Summaries With Link (Five Minute Read) |
Mazzoni Plant Hire Pty Ltd v HBU Holdings Pty Ltd [2014] QSC 228
Supreme Court of Queensland
Phillip McMurdo J
Contracts - Mazzoni and HBU each owned half the shares in Aurora - shareholder's dispute - Mazzoni applied to have Aurora wound up - HBU opposed application on basis of a shareholders' agreement which it said obliged Mazzoni to purchase HBU's shares in the circumstances - held: dispute between the parties was a continuing unresolved dispute in relation to the management of the Company within the meaning of the shareholders' agreement - HBU's transfer notice to Mazzoni requiring Mazzoni to purchase HBU's shares was effective - application for winding up dismissed - declaration of a binding contract between the parties for the transfer of HBU's shares.
Mazzoni Plant Hire Pty Ltd |
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