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CORPORATIONS ACT 2001

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES  

PART 2F.1 - OPPRESSIVE CONDUCT OF AFFAIRS    View history reference

SECTION 232  

232  GROUNDS FOR COURT ORDER  

The Court may make an order under section 233 if:


(a) the conduct of a company's affairs; or


(b) an actual or proposed act or omission by or on behalf of a company; or


(c) a resolution, or a proposed resolution, of members or a class of members of a company;

is either:


(d) contrary to the interests of the members as a whole; or


(e) oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.

For the purposes of this Part, a person to whom a share in the company has been transmitted by will or by operation of law is taken to be a member of the company.

Note: For affairs, see section 53.


 



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