Recent Cases

Tzavaras v Tzavaras & Sons Pty Ltd [2023] NSWCA 168 (25 July 2023) (Gleeson and Adamson JJA, Griffiths AJA)


APPEALS – Appeal from decision of Supreme Court regarding winding up of family company – Where no error of kind in House v The King established – Where primary judge determined other relief suitable

CORPORATIONS – Oppressive conduct – Where appellant severed ties with company – Where appellant nonetheless continued to be director of company – Whether appellant had been excluded from company management, business and affairs in a manner that was oppressive

CORPORATIONS – Oppressive conduct – Whether Court should order buy out of appellant’s company share under s 233(1)(d) of the Corporations Act – Where nature of interest in company and associated family trust unable to be valued

CORPORATIONS – Winding up – Whether company should be wound up under ss 232(e) or 461(1)(e) of the Corporations Act where other relief more suitable – Where liquidation of company would have consequences for otherwise solvent trust of which it is trustee