Dr Shanahan v Jatese Pty Ltd

• 1. Corporations
  2. › Members' rights and remedies
  3. › Oppression
  4. › Relief under s 233 Corporations Act 2001 (Cth)
  5. › Compensation for oppressive conduct
  6. › Valuation of shares
  7. › Capitalised maintainable earnings method
  8. › Whether primary judge erred in method of valuation
  9. › Whether hypothetical income should be included
  10. › Whether subsequent death of key surgeon should be taken into account
  11. › Corporations Act 2001 (Cth), s 233
• 1. Valuation
  2. › Shares
  3. › Oppression cases
  4. › Capitalised maintainable earnings method
  5. › Future maintainable earnings
  6. › Whether earnings must be established on balance of probabilities
  7. › Whether loss of opportunity approach applicable to share valuation
• 1. Appeal
  2. › New arguments on appeal
  3. › Whether argument not squarely raised at trial may be advanced on appeal
  4. › Whether primary judge erred in failing to apply methodology not put to experts at trial
• 1. Equity
  2. › Compensation
  3. › Robust approach to assessment
  4. › Armory v Delamirie principle
  5. › Whether principle permits speculation
  6. › Limits of robust approach in favour of oppressed party

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