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In the Matter of Anna Bay Resort Pty Ltd [2022] NSWSC 331 — Oppression — Barrister AI

In the Matter of Anna Bay Resort Pty Ltd

[2022] NSWSC 331

Supreme Court of NSW

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Interrogate

Catchwords

1. Oppression
2. › s 233(1)(g) Corporations Act, at [165]-[168]
3. › principles at [169]-[173]
4. › relief from oppression at [187]-[189]
5. › plaintiff authorised to bring proceedings in name of the company
6. › set aside share issue
7. › defendant to compensate company for odd payments.
1. Corporations
2. › winding up on just and equitable grounds
3. › s 461(1)(k) Corporations Act
4. › principles at [204]-[207]
5. › oppression
6. › irretrievable breakdown of relationship
7. › sole director unsuited to deal with substantial proceeds of sale
8. › liquidator appointed.
1. Equity
2. › specific performance
3. › defendant undertakes to repay plaintiff’s loan from deposit
4. › specific performance refused as plaintiff entitled to interest and will be repaid shortly.
1. Evidence
2. › principal witnesses unreliable and little documentary evidence
3. › onus and inferences.

Case Details

Citation[2022] NSWSC 331

CourtNSWSC

JurisdictionNew South Wales

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1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by9

2026Hagakure Limited v Cassisi, in the matter of vbaZen International Pty LtdFCA 1235
2026Financialstrategy.com.au Pty Ltd (in liq) v Bailey Roberts Group Pty Limited (in liq)NSWCA 74
2026Al Shawi v Ghaffari-HesariFCA 68
2025In the matter of Bailey Roberts Group Pty Ltd (in liq)NSWSC 227
and 5 more after sign-in

Relies on50

2020Walsh & Company Investments Limited as responsible entity of Fort Street Real Estate Capital Fund I, Fort Street Real Estate Capital Fund II, Fort Street Real Estate Capital Fund III and Fort Street Real Estate Capital Fund IV (Plaintiff)NSWSC 1746
2020Mudgee Dolomite & Lime Pty Ltd v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty LtdNSWSC 1510
2020In the matter of Crow Inn Pty LimitedNSWSC 601
2020Re Docklands Chiropractic Clinic Pty LtdVSC 364
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