CORPORATIONS ACT.
James has extensive experience appearing to wind up companies and resist statutory demands and has appeared at liquidator examinations and applications concerning compliance with directors compliance the Corporations Act including:
Essendon Apartment Developments Pty Ltd v Shaw & Ors [2014] VSC 74 (6 March 2014) concerning the adequacy of formalities in the appointment of a director.
In the matter of Conalpin Pty Ltd, Dolmear Pty Ltd and Ross McDermott [2013] VSC (24 July 2013) a rare and successful application to deny liquidators their fees by reason of their lack of independence and the finding that they never should have been appointed.
Harding Investments Pty Ltd v PMP Shareholding Pty Ltd (No.3) [2011] FCA 1370
CORPORATIONS – oppression – majority ordered to purchase shares – the value of shares – date of valuation – valuation methodology – fairness – business value – share value - future maintainable earnings – non-business liabilities – arm’s length price a third party purchaser would pay for shares – the value of net tangible assets as cross-check.