LAWS4112 Study Guide - Final Guide: Fiduciary, Dividend Policy, Improper Conduct
Document Summary
Standing: those with standing to bring an action for oppression s232. Former member: where they have been removed because of selective reduction of capital. S234(b) o where the application relates to the circumstances in which they ceased to be a member s234(c) A person who has received a share through will or operation of law. A person asic has deemed appropriate to bring an action. A member need not have been a member at the time of the oppression (re spargos. It need not have been in their capacity as a member s234(a)(ii)(iii) No clean hands requirement, but improper conduct may affect relief (re london. Applications are normally made by a minority shareholder, however an action may be brought by the majority: vujnovich v vujnovich. Court will examine the impact of the decision upon the member, as judged by a reasonable bystander who is imbued with special skills or knowledge possessed by the alleged oppressors (wayde v nsw rugby league)
