Friday 4 February 2022

Australia: the power of the court in cases of oppression

Judgment was given by the Supreme Court of Victoria (Court of Appeal) yesterday in Parker v Auswild; Bergmuller v Auswild [2022] VSCA 8. Of interest is what the court said about the breadth of the court's power, under section 233 of the Corporations Act 2001, in remedying oppressive conduct: that section 233 "should be given a liberal construction in order that the oppression with which ss 232 and 233 of the Act are concerned may be more fully relieved" (para. [138]).

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