Mount Gilead Pty Ltd v Macarthur-Stanham (as executor of the Estate of the late Lee Macarthur-Onslow)

• 1. Corporations
  2. › Statutory derivative action
  3. › Application for leave to bring proceedings on behalf of company
  4. › Whether Settlement Deed precluded applicant from bringing derivative action
  5. › Construction of release clause
  6. › Whether derivative claim is a 'Claim' that applicant 'has or may have'
  7. › Corporations Act 2001 (Cth), ss 236, 237
• 1. Corporations
  2. › Statutory derivative action
  3. › Good faith requirement
  4. › Former officer of company
  5. › Whether acting in good faith where 17-year gap since ceasing to hold office
  6. › Whether connection required between applicant's former status and claims sought to be brought
  7. › Corporations Act 2001 (Cth), s 237(2)(b)
• 1. Corporations
  2. › Statutory derivative action
  3. › Serious question to be tried
  4. › Whether retainer existed between company and individual director of retained firm
  5. › Whether evidence sufficient to establish seriously arguable case of personal retainer
  6. › Corporations Act 2001 (Cth), s 237(2)(d)
• 1. Corporations
  2. › Statutory derivative action
  3. › Serious question to be tried
  4. › Loss or damage
  5. › Whether unexercised option agreement is evidence of land value
  6. › Whether price in uncompleted contract is reliable proxy for value of land
  7. › Corporations Act 2001 (Cth), s 237(2)(c), (d)

Quick Take