Coffee and a Case Note

John Farragher Pty Ltd [2019] NSWSC 1847


Listen Later

Mum died and relationships between her children eroded.  

Some (but not all) children were executors. Some (but not all) were directors of a Co, the shares in which were the chief asset of the estate.  

The Co had a substantial landholding which was being subdivided. Disputes arose.  The plaintiffs commenced oppression proceedings seeking new directors.   

They failed entirely.  

Without proving a “permanent director” power was misused, an irregular appointment was not oppressive: [52]  

One child (who controlled one P) was bankrupt when shares were to be transferred. He said that he couldn’t hold shares as trustee; a position which “may or may not be correct”: [60] 

The shares were eventually transferred and no harm was done. This irregularity (esp when he had not told the executors he was bankrupt) was not oppressive: [61].  

Refusal to give access to books can be oppressive [69] but not in this case: [74]  

The Ps (until a late, rejected amendment application) did not seek a wind up and pressed for the appointment of their preferred directors: [90] and [95]  

The Court considered this relief may create a “reverse oppression”, as the new directors would exclude the interests of the former directors: [91] and [94]

...more
View all episodesView all episodes
Download on the App Store

Coffee and a Case NoteBy James d'Apice

  • 5
  • 5
  • 5
  • 5
  • 5

5

2 ratings


More shows like Coffee and a Case Note

View all
Newshour by BBC World Service

Newshour

1,068 Listeners

Law Report by ABC

Law Report

23 Listeners

Conversations by ABC

Conversations

794 Listeners

All In The Mind by ABC

All In The Mind

773 Listeners

The Economy, Stupid by ABC

The Economy, Stupid

26 Listeners

Politics Now by ABC News

Politics Now

90 Listeners

NAB Morning Call by Phil Dobbie

NAB Morning Call

17 Listeners

Lawyers Weekly Podcast Network by Momentum Media

Lawyers Weekly Podcast Network

1 Listeners

If You're Listening by ABC

If You're Listening

313 Listeners

FT News Briefing by Financial Times

FT News Briefing

655 Listeners

Behind the Money by Financial Times

Behind the Money

227 Listeners

Full Story by The Guardian

Full Story

168 Listeners

15 Minutes with the Boss by The Australian Financial Review

15 Minutes with the Boss

8 Listeners

Chanticleer by Australian Financial Review

Chanticleer

14 Listeners

The Fin by Australian Financial Review

The Fin

18 Listeners