Some bed time reading on oppressive conduct
Campbell v Backoffice Investments Pty Ltd [2009] HCA 25
The High Court of Australia recently handed down its decision in Campbell v Backoffice Investments Pty Ltd [2009] HCA 25. The case is a timely reminder of shareholders' rights and remedies under the oppression provisions in Part 2F.1 of the Corporations Act 2001 (Cth) (Act).
Under section 232, the court may make an order under Part 2F.1, where conduct is "oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity…"
In light of the above, now where are those Mt. Robbo drilling results? Given the June 09 quarterly report was flagged as market sensitive and the comments on Mt. Robbo in BOLD, couldnt one argue that directors not releasing the results to the market amounts to oppressive conduct?
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