The Court dismissed both the plaintiffs' application for summary judgment on the defendants' defence and counterclaim, and the defendants' application to strike out the plaintiffs' substituted statement of claim, finding that real questions of fact and law remained for trial. The Court held that the plaintiffs' oppression claim under s 232 of the Corporations Act was sufficiently pleaded but required joinder of Burtimms Super Pty Ltd and KM Timms Pty Ltd as parties whose interests were affected. The Court left open whether the First Plaintiff company had standing under s 234 to seek oppression relief, noting the provision is designed to provide personal relief to members, and found that the evidence was insufficient to establish a deadlock warranting summary judgment in respect of either the First Plaintiff or Burtimms.
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