Snell v Glatis (No 2)

• 1. Corporations
  2. › Oppression
  3. › Remedies
  4. › Compulsory buy-out or winding up
  5. › Whether primary judge erred in ordering compulsory buy-out without considering winding up as alternative
  6. › Whether inability to pay relevant to choice of remedy
  7. › Whether winding up appropriate where companies not actively trading and assets substantially realisable
  8. › Corporations Act 2001 (Cth), ss 232, 233
• 1. Corporations
  2. › Oppression
  3. › Remedies
  4. › Compulsory buy-out
  5. › Whether order should only be made if court satisfied respondent can comply within timeframe specified
  6. › Relevance of forensic decision not to adduce evidence of financial circumstances
• 1. Appeal
  2. › Standard of appellate review
  3. › Exercise of discretion
  4. › House v The King error
  5. › Failure to have regard to material consideration
  6. › Whether failure to consider alternative remedy of winding up vitiated exercise of discretion
• 1. Practice and Procedure
  2. › Amendment of notice of appeal
  3. › Whether appellant permitted to seek winding up order on appeal where not sought at trial
  4. › Re-exercise of discretion on appeal

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