An application to amend oppression proceedings under s 233 of the Corporations Act to include claims under ss 1322 and 175 challenging a share allotment must ensure the party whose shares are affected is joined as a necessary party; failure to do so will defeat the claim. An application for leave under s 237 to bring a derivative action should not be included in oppression proceedings where it is contingent on the outcome of the oppression claim and would be premature. The question whether s 237 is confined to a stand-alone application was left open.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.